Legal Question in Real Estate Law in New Jersey
My tenant gave me two months notice so their last day was supposed to be on December 31st. They chose to move out early on December 15th because they were going away on Vacation. I was able to re-rent the apartment for the 16th of December, but at a reduced rent because the tenant who was leaving made it difficult for me to show the place.
The tenant now wants 1/2 of December's rent back since I rented it to someone else. Am I required to give him the rent back or can I keep it because his lease ended on December 31st.
1 Answer from Attorneys
The tenant is not entitled to the return of any rent for December. However, if you should sue the tenant for a deficiency because, for example, the lease was terminated early, the tenant would be entitled to credit for the amount that you received from the new tenant. For example, let's say that the rent was $1000 per month and the lease ran through the end of March. You re-rent for $800 per month leaving you with a deficiency of $600 on the lease. Your claim against the tenant is only for $200 since you must give the old tenant credit for the $400 extra that you received for December. These figures ignore any other costs to you such as realtor's fees, ads, etc.
See also: http://info.corbettlaw.net/lawguru.htm
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