Legal Question in Landlord & Tenant Law in New Jersey
Subject New Jersey Landlord Tenant dispute.
Question: Tenants want to terminate lease early as they've notified us of an offer they've placed on a home, they've asked to use the security deposit as rent payment for final month and a half, lease agreement states that security deposit cannot be used by tenants as rent, furthermore it states that tenants would be responsible for damages associated with now having to find new tenants, e.g, broker fee, please advise us with regard to our next options,do we move toward eviction or wait for tenants to default?
2 Answers from Attorneys
You can do either under these facts. You should defininitely notify the tenants that they must replace any deficiency in the security deposit until they vacate and pay the full rent until you replace them with another tenant. That would be true even without notice but notice will help your rent default case if it comes to that. If you are left with a loss, contact me. I do a lot of rent default suits and can help you reduce the debt to a judgment and collect.
See also: http://info.corbettlaw.net/lawguru.htm
I think you need to tell the tenants that you cannot take the rent out of the security. NJ law bans it as well as the lease from what you tell me. They need to pay the full rent. I would send notice per the lease. If the tenants owe you anything try and sue them before they vacate or else you will have an interesting task tracking them down.
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