Legal Question in Landlord & Tenant Law in New Jersey

I have moved to one 1st floor apartment on 11th of Nov .After staying there for 20 days. Landlord ask us to move to top floor in same building which we did. But we don�t like the new place (top floor) and on 3rd of Dec we inform landlord that we will be moving out from this place by 1 Jan. I had sign lease for 6 month for 1st floor apartment .

Question

1.Would this agreement still valid or not ? as we moved from 1st floor apartment.

2.Can I moved out legally and ask him to return my security deposit in stipulated time prescribed by law

What should i do now to safely exit from this situation with my security deposit


Asked on 12/16/14, 9:38 am

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

You need to respond to this in writing. What you should tell the landlord is you rented the first floor unit and not the top floor unit. At his request, you moved to the top floor unit, as a trial, but find it unsuitable. He is in breach of the agreement because it calls for the first floor unit. You are giving him notice that you're terminating the tenancy and that you want your security deposit back or in the alternative you want to be restored to the ground floor unit.

This assumes that there is no writing from you consenting to the change of unit. You need to get counsel to help you with this matter.

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Answered on 12/17/14, 4:00 am


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