Legal Question in Real Estate Law in New Jersey

Entitlement to Broker Fee

The rental lease on my apartment ends in March 2002. I am moving and have plans to vacate the unit on November 30, 2001. I had planned to end the lease effective December 1, 2001 and notified the landlord 2 months in advance on September 21, 2001. The landlord and realtor said they would begin searching for a replacement tenant starting November 5, 2001. The realtor did nothing to find my replacement, and so, I placed an ad in the newspaper myself and found a new tenant. The new tenant that I found contacted the realtor and had agreed to lease the unit effective December 15, 2001.

Not only am I out half a month's rent because the realtor did not do his job to find a replacement tenant by December 1, 2001, but the new tenant may pay a broker fee to the realtor for services I provided.

Is the new tenant obligated to pay the realtor the broker fee even though the realtor did not market the unit? Am I entitled to a portion of or total broker fee since I placed the ad, showed the apartment, and gave them the name of the realtor to execute the transaction?

Thanks for your help.


Asked on 11/26/01, 2:34 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Entitlement to Broker Fee

Based on the information that you have provided, it does not appear to me that the realtor even had an obligation to look. Most residential leases do not have a clause requiring the landlord (or broker) to look for another tenant. As such, everything that was done was gratuitous and thus, no one has a requirement to reimburse anyone for any amount. You are fortunate that you were not held to the lease until March, without any other options. By getting the new tenant, you have saved yourself a substantial amount. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 11/26/01, 2:53 pm


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