Did not received lean renew form now they will not offer me discounted rent?

Question

Hilltop Apartment in NJ states the lease renew form was mailed 2 months back eg:( Sept 2009) or so but i have not received till 1st week of Nov. 2009, my lease is due Dec. 2009 and now i will no option except to pay full $1165 instead of $900.00 plus 2 month free. what options do i have.

Answer 1

They are obligated to make sure that you receive this information with enough time for you to respond within the deadlines established in the lease (for example, the required notice period you must observe if you decide not to renew). They probably have proof of mailing.

What were the conditions that caused you to not receive this until 2 months later? This is highly unusual. It would be very difficult for you to fight this, because they can make a very good case that you should have known that the lease was up for renewal in December, if you were planning on not renewing you would have given them the required notice before now, and that you should have been expecting to receive a renewal lease with plenty of time to think it over. When you did not receive this, you did not contact them to ask them what was up.

I think you are going to be stuck because of your inattention, if they decide to not budge on this. If you have good proof of the delivery problem, and it was caused by the Post Office, you might ask them if they will let you extend one month under the old terms so you can give them the notice of nonrenewal and find another place, since you don't like the new lease terms. They don't have to, but sometimes they will work with you if you approach it civilly and not putting all the blame on them.

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