Legal Question in Real Estate Law in New Jersey

Landlord broke verbal lease, tried to

Sm. Claims Ct. this week, 1/8/02 - need advice quickly! Two weeks before our lease was to expire on 7/31/02, landlord stopped by to ask if we intended to stay another year - responded ''yes'', he said ''OK''. On 8/13, came by again: ''house is going up for sale. You have 3 days to make an offer of $190K, or sign goes up on Monday. We already have 3 people interested in buying.'' Under duress we made the offer. Two days later, landlord informs us ''house has bad termites''. My husband: ''I smell a reduction in price''. Landlord: ''I smell a new buyer''. Took to mean if we didn't buy ''as is'', we couldn't buy - extortion! Quickly found a new rental, informed landlords on 8/26, & moved out on 8/31. Landlord now refuses to refund deposit of $2100, says: we didn't give 30 days notice on mo.-to-mo. lease (we had verbal 1-year lease); we moved out on 9/1, not 8/31 (untrue); they weren't able to rent home for 10/02 (we saw new tenants in home as of 10/7, but don't know how to prove it). We can show numerous untruths by landlords during this period - to our advantage? Can't find statute on verbal agreement (it exists). ANY ADVICE APPRECIATED!!!!


Asked on 1/05/03, 9:18 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Landlord broke verbal lease, tried to

Agreements for real estate, including rentals must be in writing. Oral contracts are difficult to prove in tenancy matters. However, you might be able to argue part performance (the offer to purchase) if something was in writing. I suggest suing for the deposit and return of security, including triple damages, and try to get a copy of the new tenant's lease to show no loss to the landlord. Be prepared to possibly lose due to oral contract and inability to show landlord had rented at no or minimal loss. You might find the Judge sympathetic and give you some money.

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Answered on 1/07/03, 1:21 pm


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