Legal Question in Landlord & Tenant Law in New Jersey

My ocean city new jersey 1st floor unit was flooded during hurricane irene and my tenent left with 6 months left on lease without written notice or forwarding address. we offered her rent free private use of our own unit above hers till repairs complete. she said she would think about it but then we recieved nasty letter from her attorney claiming constructive eviction and demanding return of security deposit within 30 days.we've acted immediately by removing carpets, appliances, met with contractor and fema adjuster. we did not cause this but have responded to fix.


Asked on 11/19/12, 2:28 am

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

The attorney needs to be answered. Typically under the lease the LL is not liable for Acts of God, which a hurricane is. The tenant did not give you an opportunity to repair the damage. The tenant breached the lease and left you no way to contact him/her, let alone account for the security. With 6 months left on the lease at the time of breach, you may not be liable for anything, depending on circumstances. Call me for a consultation. 908 391 5399

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Answered on 11/19/12, 5:09 am


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