Legal Question in Landlord & Tenant Law in New Jersey

I am co-tenant on one-year lease with one other individual in New Jersey. I have gotten new job and must move. Lease allows for early termination given two-months written notice and a one-month penalty. Other co-tenant does not wish to terminate lease and subletting is not an option. Landlord will not allow a replacement co-tenant. Can single co-tenant terminate lease with consent from second co-tenant?


Asked on 4/29/13, 7:52 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

The landlord may treat the lease as a single contract where either or both of the tenants are responsible for performance. You and your co-tenant have options: (1) You can leave the lease in effect and the co-tenant can remain; you will both be responsible to the landlord for the rent but you can handle that privately in any way that suits you; or (2) You can terminate the lease according to its terms in which case the landlord is not obligated to allow your co-tenant to remain there or to re-lease the premises. If you elect the first option, you should notify the landlord and your co-tenant that you will not join in a renewed lease a the end of the term.

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

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Answered on 4/30/13, 3:40 am


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