Legal Question in Landlord & Tenant Law in New Jersey

lease agreement

we signed a year lease agreement with my landlord. this is a two family house. we live on the second floor. we have been here only 2-1/2 months. the other tenant does nothing but complain. can we get out of the lease, if we are not compabile with the other tenant.


Asked on 6/12/03, 2:15 pm

1 Answer from Attorneys

John Pinho John Pinho

Re: lease agreement

Under New Jersey law, if you enter into a lease you are potentially liable for all the lease payments to the end of the lease. However, if you are unhappy with the other tenant I suggest that you speak with your landlord about the tenant and your intention to move out because of the other tenant. Although you are theoretically liable for all the lease payments (to its end), the landlord has an obligation to mitigate damages. He/She mitigates damages by looking for another tenant once you advise him/her that you will be moving on a particular month. So, if the landlord takes 2 or 3 months to re-rent the apartment you will only be obligated to pay those 2 or 3 months. Most landlords can rent the apartment within 1 month if given enough notice. The rental market is hot and depending on where you live, you may be able to get out without any damages. Good Luck.

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Answered on 6/15/03, 3:09 pm


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