Legal Question in Landlord & Tenant Law in New Jersey

Cancel on moving in to a new house

I have signed an lease agreement on May 29 2009 (lease start on June 1 2009 and end on May 31 2009) and gave a security deposit on May 27 2009, but up until May 30th, the landlord informed me that he can't reach current tenant who are in that apartment, and told me that he will stay overnight to get in contact with the current tenant and inform me when I can move in on May 31. Since I must move out from my current place I started to look for another apartment after speaking to landlord on 30th, and found alternate place to move in. On May 31, I got in contact with the landlord, he told me that he didn't meet up with the current tenant but went ahead to fixing the place so we can move in on 1st. I spoke to the landlord that the situation wasn't promising when I can move in, and I found a new place therefore I would like to cancel the lease that I signed. (by the way landlord didn't signed the lease but he got an agent to signed the lease for him) I would like to know if the landlord can sue me for this kind of situation and not returning the security deposit. Right now I have requested stop payment on the deposit check that I gave to the landlord.

Please share your professional knowledge so I will know what I'm facing.


Asked on 6/01/09, 9:47 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Cancel on moving in to a new house

The lease probably contains a term stating what happens if the landlord cannot deliver possession on the date specified.

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

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Answered on 6/01/09, 10:35 am


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