Legal Question in Landlord & Tenant Law in New Jersey

Tenants

I had new tenants move in on January 1st with a signed lease for one year. On Jan. 18th they informed me that they would be moving out in May because one of them has a smoke allergy and my 2 sons smoke in the basement. Also, I let the new tenants have the apartment free for the month of Dec. so that they could take their time moving in. They were there daily and never mentioned that they could smell smoke. It seems odd to me that they already have a specific month and date to be leaving and I think this was planned from the start. I believe this smoke allergy is a way of breaking the lease. Before signing the lease I told them to take their time reading it and make any changes necessary. Nothing was said about smoke and they never asked if anyone smoked on the premises before moving into the house. I would think that if you are allergic to smoke that you should check for smokers first. My question is are they obligated to pay me the full lease amount?


Asked on 2/03/09, 2:08 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Tenants

They would have to give you a chance to cure any condition denying them the quiet enjoyment of the premises which they have leased before they can act to terminate the lease. Do your sons smoke in the basement so that the smoke could infiltrate their leased premises. If so, why not cure the problem and advise them of same?

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/03/09, 5:36 pm
John Corbett Corbett Law Firm LLC

Re: Tenants

I agree that this sounds like a sham. Besides, the tenants had other remedies and did not exhaust them. It is probably safe to assume that you can treat the matter as if they had moved out without giving any reason and enforce the terms of the lease.

You are obligated to try to make reasonable efforts to re-rent the premises. Their obligation for the rent will terminate when the premises is again rented (if for the full amount) or at the end of the designated term, whichever comes first.

Frequently some type of settlement is better than having to go through a trial. So, you might write to them and tell them that they will be held responsible for the rent until you can re-rent the premises. You might get a settlement offer in reply.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/03/09, 5:59 pm


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