Legal Question in Landlord & Tenant Law in New Jersey
breaking a lease due to 5 yr casino project 7 mo. after contract
Please help me! My landlord is refusing to let me out of my lease ( ACNJ - 2 yr) due to intolerable noise and environment and amenities that were advertised/sold by Realty Agents on premise as lux serene and a respite highrise along coastline for views and amenities are a nightmare now being awaken at 6 AM and working continuing under floods until 11 . They are drilling, banging concrete and once steel plie driving and steel framework begin only worse. there is no way to stop it with until 2011 scompletion date. Verbally he said he would with my help to show it for him and sell my furniture so he could lease as furnished seaonal and yearly. Now that he has been unable to find a tenant(good luck) with local shore paper ad only he says no until a suitable replacement can be found. What I contracted for is gone and can't be changed!!! I'm going out of my mind. I'm forced to stay locked up w/air and windows closed, the beach one block away is useless to go to with construction, can't use balcony with view, sundeck only two chaises due to blocked off because spa after a year still isn't complete and with noise don't want to be out there at all. 1600.00 a month for 14 more months? Isn't it a breach of contract? What do I do?
2 Answers from Attorneys
Re: breaking a lease due to 5 yr casino project 7 mo. after contract
I could see a Court declaring your lease void due to a substantial misrepresentation in the negotiations.
If the landlord knew of the planned construction prior to your signing the lease AND YOU DID NOT and still made representations that the premises would be the place for a peaceful retreat from the world it would be a substantial deception which would could your lease.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: breaking a lease due to 5 yr casino project 7 mo. after contract
It seems as if this is a breach of the warranty of habitability. Carefully done, you should be able to get out of the lease. Your problems are mostly evidentiary.
My firm handles matters of this type. If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.
See also: http://info.corbettlaw.net/lawguru.htm
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