I presently rent an apartment in NJ. My current lease expired as of 10-31-09. I just received the renewal notice from the management company post marked 11-4-09.

Is the landlord suppose to forward the renewal notice 30 days prior to expiration of the lease? Since I did not receive the renewal notice prior to the lease expiration date does that technically mean I now have a month to month lease.

I did read all my prior lease renewals notices and the original lease I signed in 2002 and there is no clause of automatic renewal, but the renewal notice I received today offers a 1 year renewal at the same base rent as 2008 and no increase in security and has a paragraph citing that "signing of this letter shall constitute a binding agreement".

I do not know whether to sign and return or if I am now on a month to month and the management company is not aware because technically they screwed up and do I need to bring this to their attention.

Hello gibby:

I don't know what the problem is. You're right. You are now, and have been a month to month tenant since your first lease expired...

But, NOW, they're offering a new/extended lease with the same terms. If you want it, sign the letter and get on with your life. If you don't, and wish to remain a month to month tenant, don't sign.

excon