Legal Question in Real Estate Law in New Jersey
Tenant breaking a lease
Lease states landlord will use best efforts to rerent two year lease since we wanted a one year lease. June 2002 we gave notice of vacation on July 31. Apt was on exclusive listing, no signs, no advertising no multiple listing. A fiend went to the agency and they were not shown this apartment. Kept paying rent, it is now January. Vacted the apt. have 6 more months left. What determines ''best eforts''?
2 Answers from Attorneys
Re: Tenant breaking a lease
At a hearing, the judge will determine if the "best efforts" clause has been fulfilled according to the dictates of the lease. In order to give you an opinion, however, I would have to review the lease. If you wish to have me do so, kindly call at your convenience.
Ralph Soukis, 201-599-0744
Re: Tenant breaking a lease
Best efforts does require some affirmative action, not just sitting around. It may require advertising and placing signs. I would suggest, although you may have waived this right by doing nothing for many months, that you contact the landlord to verify what efforts have been made. Take pictures (to show no signs) and ask for copies of ads placed. The refuse to continue to pay rent. When you are sued, use the lease terms (best efforts) to show nothing has been done, to claim breach by landlord. You may be able to get the Court to say that by doing nothting, you have been damaged and offset further rent.
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