Legal Question in Landlord & Tenant Law in New Jersey

Re: Apartment Lease Agreement

you need to check the original lease that you signed. Generally the terms of the lease control.

Sometimes if the lease is silent as to renewal it will automatically renew and the terms of the orignal lease stay in place and you become a month to month tenant.

From your post I imagine there is a clause in your original lease stating that if you do not give 60 days notice it will automatically renew - you may be on the hook for the rent. However the landlord would have to show that he attempted to rent the apartment i.e. mitigate damages but you may have to pay rent until he finds a new tenant.

You may have a sublet clause in your lease and you can find a tenant to move in - you will still be responsible under the lease but if the new tenant pays rent you will be fine.

ALWAYS ALWAYS read a lease before signing it or a better way is to have a attorney look at it - ignorance of the law is no excuse. You may be able to talk to him and work out a solution without being sued but as I said above the lease should answer your question

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

Re: Apartment Lease Agreement

you need to check the original lease that you signed. Generally the terms of the lease control.

Sometimes if the lease is silent as to renewal it will automatically renew and the terms of the orignal lease stay in place and you become a month to month tenant.

From your post I imagine there is a clause in your original lease stating that if you do not give 60 days notice it will automatically renew - you may be on the hook for the rent. However the landlord would have to show that he attempted to rent the apartment i.e. mitigate damages but you may have to pay rent until he finds a new tenant.

You may have a sublet clause in your lease and you can find a tenant to move in - you will still be responsible under the lease but if the new tenant pays rent you will be fine.

ALWAYS ALWAYS read a lease before signing it or a better way is to have a attorney look at it - ignorance of the law is no excuse. You may be able to talk to him and work out a solution without being sued but as I said above the lease should answer your question

This post is not legal advice and does not create an attorney-client

relationship. It is a comment on the legal question posed by the

poster and should not be relied upon in any way. All readers are

advised to consult an attorney to address their specific legal

concerns. Additional facts could affect the answer given.

Re: Apartment Lease Agreement

You need to review your lease carefully, and speak to a landlord-tenant attorney in your area. While the lease normally controls, a landlord does have a duty to mitigate (reduce) its damages. That being said you probably can give notice that you are moving out and avoid paying a whole year's lease, however you may have to pay a penalty (i.e., sixty days rent, or whatever provision the lease may contain).

This post is not legal advice and should not be construed to create an attorney-client relationship. You should consult an attorney and provide him or her with more factual information to address your question as it may change the answer that has been given.