Can I break a lease is the required rent increase notification was not sent to me?

UPDATED: Mar 29, 2012

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Can I break a lease is the required rent increase notification was not sent to me?

Asked on March 29, 2012 under Real Estate Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The rent increase is not effective until you are given the required notice.  The amount of notice depends on the type of lease you have.  For example, if you have a month-to-month lease, thirty days written notice is required for a rent increase or other change in terms.  If you weren't given the required notice, your landlord will have to send the notice again and your rent increase doesn't take effect until you have been given the requisite notice and that time has elapsed.  If you have a month-to-month lease and you are given notice of a rent increase on April 1, the rent increase wouldn't go into effect until May 1.

If you have a month-to-month lease and you want to terminate your tenancy because of the rent increase, give thirty days written notice to the landlord.  The landlord probably has a form you can complete giving notice of your intent to vacate the premises.

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