If my landlord does not give me the proper notice of the 120 days on the renewal of my lease is it true that I can inform him that I am renewing my lease at the same rental rate and I can also automatically renew it for a two year period since he failed to notify me? I live in New Jersey.

Hello b:

The lease can't be renewed unilaterally by either party. If he told you 120 days before the lease expired that he was renewing it, you could have declined. By the same token, you can't dictate terms either.

If you wish to renew your lease, you'll need to negotiate it with the landlord.

excon

If a lease expires without a new renewal, then it becomes a periodic (month to month) lease. As excon noted you can't dictate the terms. In a month to month, the terms of the lease remain in effect except for the term and the rental amount.