Newark, NJ asked in Contracts and Real Estate Law for New Jersey

Q: Hi, I want to keep renting my apt and pay rent, but don’t want to sign a one-year lease due to noise above. Possible?

My lease agreement says under “no condition does my expired year lease become a month-to-month lease,” which is what I want, due to unreasonable noise from the apartment upstairs, which I have reported to the landlord.

The landlord has written to the tenant above me to quit making noise, and I have just now furnished the landlord with four additional documented dates and times the noise has become unbearable.

Presumably, the next step is for the landlord to send a cease and desist letter, and if that doesn’t work, an eviction notice.

But in the meantime, I have to just “wait and see” with no guarantee the noise will stop, or, if an eviction notice is served, the upstairs tenant will vacate.

I have no desire to leave my apartment and expect to continue renting it indefinitely and pay rent as usual.

But I need to protect myself in case the noise doesn’t stop and/or the upstairs tenant fails to vacate if evicted.

What are my options?

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1 Lawyer Answer
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Unfortunately you don't have many options, if you don't sign the new lease you can be evicted, the landlord does not have to give you a month to month lease, but check with your town.

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