Legal Question in Landlord & Tenant Law in New Jersey
landlord-tentant
my lease was up 4-30-09 and i did move in that day and inform the leasing office 4-27-09. They say because i didnt give a 3 month notice they will charge us for 3 months at the month to month rate. I'm willing to give up my security depoist and than pay damages. I just cant pay 3 months rent. I didnt even sign a new lease. Is there anything I can do?
1 Answer from Attorneys
Re: landlord-tentant
It depends on what your lease says. Did your lease say that your tenancy automatically renewed if you did not give a certain amount of notice of your intention not to stay at the end of the lease? If so, how much notice did you have to give? That may be why they want you to pay for 3 months. Even if they are correct, they have your security deposit, so practically speaking that will pay for some (or all) of what you allegedly owe and they would have to sue you for the rest or maybe not bother. You should also be aware that the landlord has a duty to mitigate damages by making an effort to find a new tenant, and if they get a new tenant before the 3 months, then their damages are less than 3 months rent (assuming you have breached the lease at all). You should have an attorney review the lease, evaluate the matter, and discuss your options with you. Feel free to call me if you wish.
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