Legal Question in Real Estate Law in New Jersey
breaking of the lease by tenant
I am the owner of a two family house. I rented the first floor to a couple three month ago through a real estate. On 01.22.00 the real estate inform me that they are willing to go before the end of the one year lease because they do not get along with me.The real estate advised me to let them go if they are not happy and if I signed a new listing they would get another tenants. I required a written notice by the tenants before signing the listing. We called the tenants from the office of the real estate asking for the note and they told us they were not sure about leaving. As the tenants never contact me on this matter again I called the real estate on 1.26.00 and they told me that they sold the tenants a house and that the closing will be between March 1st and april 15th.I would like to know how do I have to proceed now. I have the feeling that the real estate is playing a game here.Not having any notice by the tenants can I sign the listing?? or I have to wait for a tenant's notice? What are my rights as a landlord? The agreement does not contemplate the situation of breaking the lease before the end of it.
2 Answers from Attorneys
Re: breaking of the lease by tenant
From the information that you have given me, it appears that the real estate agent has not acted in good faith and you may have a cause of action action him/her. However, I would need to review the situation with you more carefully and review the agreement that you have with the agent, as well as the lease. I would suggest that you consult with an attorney as soon as possible to determine your rights. If you want me to assist you, call me at 856-546-8010; mention LawGuru and your first conference is free. Good Luck! Rob Gleaner
Re: breaking of the lease by tenant
The tenants are still bound by their lease. If they leave before the lease term has ended, without your approval, you can hold them for damages (lost rental). I also believe from what you state that the broker is playing games. If you consent to the early termination, you lose any rights you have for lost rent.
I suggest you do nothing now. When you get a notice from the tenant, you can tell them that they will be responsible for all rent until a new tenant is obtained. They will be required to pay the rent until the new tenant is in place. If they refuse, you can sue them for all lost rent, plus any costs to readvertise the property, clean-up and fix-up, plus any new commissions paid to get a new tenant.
You do have a responsibility if they terminate early to use your best efforts to get a new tenant as soon as possible, but any costs you incur can be charged to the vacating tenant.
Walter
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