[demarc13]

Hi there,

This is a question about NJ law.

Myself and another roommate live with our landlord in a 3-unit apartment. We were all acquaintances from before we moved in. A lease was sent over email by the landlord in September 2006, asking us to accept by replying with our intent to accept. The lease would have been from November 2006 until November 2007, but we had concerns about the end date and made known such concerns (as well as other concerns with the language of the lease) by sending back a revised copy of the electronic lease. The landlord was not too happy with the changes, and told us not to worry, that we'd finalize the lease later. We moved in November 2006 and have been paying rent since, but still haven't finalized the lease. Because relations have deteriorated with our landlord, we're seeking to give one month exit notice (N.J.S.A. 2A:18-56) to what we believe to be a month-to-month agreement. My questions are:

1) Does NJ's Statute of Frauds (R.S. 25:1-5) apply here since the lease could not have been completed within a year of the would-be signing of the lease (and thus, there is no lease)?

2) How does partial performance except to the Statute of Frauds work here? Is the unsigned lease held to be enforceable simply because we moved in and paid monthly rent (is this considered P.P. )?

3) If we end up going to court and the landlord wins, will we be held to damages that exceed the cost of simply paying for the rest of the lease? Will the landlord be entitled to keeping our deposits (in excess of court costs and attorney's fees)?

4) Am I missing anything else here? If so, please let me know. :)

[LisaB4657]

You are a month-to-month tenant. There was never a meeting of the minds with regard to the terms of the lease. Thus, there is no lease in effect. You are entitled to give 30 days notice of termination.

If the landlord sues you they will not win unless then can show the court a signed lease.