Legal Question in Landlord & Tenant Law in New Jersey
We were renting an apartment in NJ from March 1st - Oct 31st, 2009. The lease had a clause relevant to my question. After six months (Sept 1st, 2009) the tenant (me) could vacate the premises with 90 day written notice and no penalty.] We decided to buy a house in July-August and notified the landlord on Aug 22nd that we will be vacating the apartment on Oct 31st. I agree that this was not full 90 day notice. However, the landlord without prior notification/discussion with me has decided to charge me with extra 22 day rent (the period of time by which we were late in notification). Nowhere in the lease is it mentioned, what would be the penalty for insufficient notice.I feel this high penalty (~ $1400) is arbitrary and unjust.
What are my options in this case?
2 Answers from Attorneys
Your options are: (1) Pay or (2) risk becoming a losing defendant. No prior discussion is needed; the lease says 90 day notice. There might be a question about how that time would be counted if you moved out in the middle of the month but, the landlord is giving you the benefit of that. There is no penalty. What you owe is the rent for the time that you leased the premises.
See also: http://info.corbettlaw.net/lawguru.htm
This will depend on a couple of things. I would need to meet with you, go over the documents, and give you some advice. Call my office. The first half hour consultation will be free. We can see what I can do for you after that.
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