Legal Question in Landlord & Tenant Law in New Jersey

I am in the US Air Force. I had somewhat short notice of a deployment. My orders say I have to be there 10 February. I notified my landlord from which I rent an apartment that I need to break the lease on 29 Dec. I am not actually sure as to when I am leaving but they say if I leave before 30 days notice that I need to break the lease they will charge me a fee. Can they still pentalize me even though I am active duty under the Soldiers and Sailors act etc... Also, if I leave after Feb 1st, I will be charged the whole months rent of $938 even if I only stay a day or two. Are they allowed to do this? Thanks.


Asked on 1/05/10, 5:18 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

The Servicemember's Civil Relief Act allows a servicemember to terminate a residential lease entered into while in the military, if the member PCS orders or orders to deploy for a period of not less than 90 days. The earliest termination date is 30 days after the first date on which the next payment is due after notification to the landlord. Notice must be in writing and include a copy of the orders. It should be delivered by hand, US mail, or commercial carrier. In your case, assuming the your notice is valid or unchallenged and the rent is due monthly on the first day of the month, your earliest termination date is January 30th. � You have not given enough information to tell what happens if you leave after 2/1 because you did not say what date your notice gave for termination. However, you should never hold over after the date that you gave for moving out. If you do so, New Jersey law provides that you can be charged double the rent due and the SCRA will not protect you from that.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/11/10, 9:42 am


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