Legal Question in Landlord & Tenant Law in New Jersey
early lease termination
I need to relocate and break my lease early (lease is up April 5, need to move out by mid-February). Landlord has said I need to pay remaining months rent. is there any way to get out of this due to relocation? Also because i am giving ample notice does this change my legal rights under the binding lease?
1 Answer from Attorneys
Re: early lease termination
Your lease is a contract and your landlord is entitle to its benefits. If the lease doesn't provide for early termination and you are not leaving because of military service, you can't just walk out without paying.
The landlord has obligations too. If you leave early, the landlord in a residential lease must use reasonable efforts to re-rent. The problem is that if you are in a multi-unit dwelling, you will get the last priority.
That said, many landlords would rather reach an agreement with you for something less than the full rent due rather than have to go to court. So, your choices are to leave and see whether you are sued for the balance or make on offer of something less. In deciding, you may want to consider that many landlords belong to associations that do check credit and report bad debts. So, if you decide to stiff the landlord, don't be surprised if something adverse finds its way onto your credit report.
See also: http://info.corbettlaw.net/lawguru.htm