Legal Question in Landlord & Tenant Law in New Jersey

Tenant Breaking Lease

What are the Landlord's rights when a tenant breaks a lease prior to moving in? The tenant claimed that there is a ''24 hour right of recision'' on a lease (or any contract) in the state of NJ and that since they signed the lease on a Sunday and rescinded on a Monday (via email no less - and in fact not within 24 hours) they are not liable for anything. The reason given for breaking the lease was an ''allergic reaction''. This reaction occurred prior to the start of the lease, as the tenant's were given a key and permission to enter the premises in order to paint and clean. Follow on question is does this constitute the tenant, de facto, taking possession of the premises - even though the lease hadn't started. Thank You.


Asked on 4/02/07, 10:18 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Tenant Breaking Lease

I understand your point exactly. Give me a call to discuss, there are some very simple practical issues to work out.

You are potentially a good client (it is MUCH better to work for the landlord than for the tenant!)

I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you

and this law firm. You can not rely on the statements made by an attorney given over the internet. The

exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/02/07, 12:05 pm


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