Legal Question in Real Estate Law in New Jersey

Re: Breaking a Lease to Purchase a home

From the limited facts presented and without reading the Lease, I can only provide a general answer. The terms of the Lease control all elements of any dispute, if there are provisions in writing. In almost all instances, a tenant cannot break a Lease without incurring some penalty, regardless of the reason, but particulalrly just to purchase a home. The notice provisions of most Leases require that the notice be received before the first of a month, even if a few days later. This might apply even if the notice was sent on the 30th or 31st, but not received until the 1st, 2nd, etc. The phone call may adjust this, but don't count on it, if the lease requires notices in writing. A tenant who breaks the lease can be held for all costs and damages incurred by the landlord, including lost rent, until the premises are again rented. Also, if the rent obtained is less that that being paid by the tenant breaking the lease, the differental can be part of the landlord's claim for damages. Other damages could include advertising costs, commissions paid a broker, etc. These are in addition to actual repair costs that might be incurred due to damage to the premises, cleaning, repainting and the like. I mention this as holding you responsible for only 2 or 3 months rent, may be alot less than your potential exposure. I would also suggest you discuss the issue of security rebate and possible claims for damages. However you work things out, be sure to take detailed pictures of the property before you actually move, to verify its condition on the moving date, should the landlord raise physical damage questions after you have moved.