[113 NJSuper Page 74] The simple question in this case is whether a lease termination provision which provides for
notice by registered mail may be exercised by certified mail. The lease provided:
That this letting and hiring shall be extended and renewed by and against the parties hereto for the further term of one year from the expiration of the term granted hereby, at the same rental without any deduction or concession, and upon all the above terms, conditions and covenants, unless either party on or before the first day of August next preceding the termination of any term granted hereby shall give notice to the other of an intention to surrender or have possession of the premises, as the case may be. Notice by the Landlord to the tenant must be given by sending the same by U.S. Registered Mail. Notice by the Tenant to the Landlord must be given by sending the same by U.S. Registered Mail. This clause shall be and continue operative likewise with respect to any renewals or extensions hereof.
Landlord gave timely notice by certified mail which tenant received.
Under date of July 23, 1970 the landlord sent the tenants notice of the termination of the lease by certified mail, which informed them that another lease referred to both as a "new lease" and a "renewal" could be entered into only on the basis of increased rental, and called for a response as to whether they wished to either renew or enter upon a new lease at a higher rental. On the same day the tenants wrote a letter, registered mail, to the landlord advising of his intention "to continue possession of the premises for an additional year, beginning November 1, 1970, upon the terms and conditions as therein [the lease] provided." In response to another letter from the landlord, the tenant wrote:
Your Certified Mail form letter dated August 1, 1969 was received on August 5, 1969.
I believe you are in error when you say therein that my lease terminates on October 31, 1969.
I refer to Item "Twentieth" of same.
Will you please check and advise.
Under date of September 25, 1970 the landlord sent a new lease, at the increased rental, to the tenants, stating:
If these signed leases are not received in this office by not later than Thursday, October 15, 1970, we will assume that you are vacating your apartment on or before the 31st of October 1970, and we ...