Legal Question in Landlord & Tenant Law in New Jersey
i was renting the first floor of a two family house and originally only signed a 1 year lease which expired in 2009. i was on month to month after that. two months after the lease expired the owner raised the rent by $160 without a new lease just a letter that he mailed to me. recently i informed him that i was moving giving him 30 days verbal notice. i had only paid him half of the last months rent and was going to give him the rest when i gave the keys but once i was out he started telling me that i was responsible to pay full rent at that location until he rented to someone new. at that point i told him to deduct what i owed him from my deposit (which he never gave me any information about where he deposited it). he said i still owe him everything and i will not get my deposit back. can he do that? do i have to pay him all this money?
i also think the second floor is illegal here.
3 Answers from Attorneys
Under the facts as you describe them, you are not responsible for payment until the premises is re-rented and the landlord cannot keep any of your security deposit. If he has trouble with that, you can give me a call and we can talk about how best to sort it out.
See also: http://info.corbettlaw.net/lawguru.htm
It may depend on the terms of your original lease. However, it appears that as long as you have given 30 days notice, you should not be responsible for any further rent. You may be responsible for damages to the property. However, you may have a claim against the landlord for double the amount of the rent and/or have the ability to use the security deposit against unpaid rent, based on the detail you have given in your question.
Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Fell free to call me at 856-546-8010 for a consultation at no charge. Good luck. Rob Gleaner
Depending on what lease says It sounds like you gave appropriate notice. You need to inquire of the municipality if the unit is legal. If not you may be entitled to 6 months rentas a relocation allowence. Call 908 391 5399 to discuss the matter further.
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