Legal Question in Real Estate Law in New Jersey

Landlord is demanding rent payments beyond the term of the lease. I will have vacated the apartment by the end of the lease. The lease requires a 60 day move out notice (referred to as the deadline) prior to the experation of the lease (Termination Date). If the 60 day move out notice is not met the following clause applies:

"You agree that if you do not give written notice by the deadline you owe rent without concession (including all amounts due under the Lease) for each and every day the Apartment remains un-rented for 30 days after the Termination Date, or for 30 days from the date you gave notice after the deadline but before the Termination Date, whichever date is earlier."

The leasing office believes this allows them to charge up to 30 days additional rent on any notice shy of 60 days.

My interpretation of this clause is that they may only demand rent beyond the terms of the lease if I give less than a 30 day notice since the clause says the earlier of the notice date or the Termination Date. I see this as the landlord wanting a 60 day notice but probably having no legal right to enforce more than a 30 day notice.

So whose interpretation is correct?


Asked on 3/23/12, 2:49 pm

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

Your interpretation is good, but unfortunately incorrect. If you fail to give timely notice (less than the 60 days), you are responsible for the number of days the apartment remains unrented to a maximum of 30 days. I would agree with the leasing office.This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 3/23/12, 6:57 pm


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