Legal Question in Real Estate Law in New Jersey

threatened by lanlord

Me and three other college friends rented an aprtment and took out a year lease on this apartment. Basically we got into a disagreement and came to terms with the fact that we all would not be able to live together for the remainder of the year lease considering we had only lived there for 2 months still leaving 10 months on the lease. We spoke to our landlord about the problem and she got back to us stating thatvwe had to be out of the aprtment by the end of the month or face eviction. So we all decided to move out and I now have a seperate apartment with my girlfriend. Now two months later she sends us all certified letters stating that she has been unsuccessful in getting the aprtment rented out and that we are still responsible for rent for the remainder of the lease. My question is does our landlord have the right to do this considering the fact that she threatened us with eviction if we were not out of the apartment?


Asked on 8/25/04, 4:06 am

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

Re: threatened by lanlord

Unless you have her threat in writing, that unless you were out she was going to evict you, this is going to court, where it will be a he said/she said type of litigation. I suggest you all respond by certified mail to the the landlord, referencing the conversation about the eviction, so you are on record with a consistent position. If nothing is in writing, particulalrly her threat, you are at risk of being held responsible, to the extent provided in the lease. One question, was there any lease security? If so, what happened to it? If she returned it when you left the apartment, this might be accepted by a court of proof of the verbal termination. If she kept it, you are at risk, as it evidences something other than a voluntary-agreed to termination of the lease. If there was no security, the point is moot.

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Answered on 8/27/04, 10:46 am


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