Breaking a lease-advice (sublet, apartment, rental) - New Jersey (NJ) - City-Data Forum

tlmsal · 03-31-2014, 08:12 AM

So I'm considering options on breaking a lease for my apartment in NJ. My finances have got a little tight due to some unexpected issues and it isn't sustainable for me to live in my current apartment anymore. I still have 6 months left on the lease and have read through the lease agreement and the only mention of lease breaking comes with noticing the landlord 30 days in advance and paying 2 months worth of rent. I obviously like to bypass this and not have to pay the penalty but is that even an option? Any other recommendations would be greatly appreciated. THANKS!

aedubber · 03-31-2014, 08:14 AM

Once you sign something in writing well you cant really get out of it .. Now, if you are able to source someone to take over your lease i think then you would be okay unless they have some people on a waiting list to fill your apartment up right away. Talk to the management and see what they can do for you.

pinkydapimp · 03-31-2014, 08:29 AM

Most landlords i have dealt with are ok with it if you can find a replacement. Give them a call and tell them you will need to move in a month or two and if you can break the lease if you go out and find a suitable renter.

samanthayakobchuk · 03-31-2014, 08:58 AM

I agree with PP. The two months rent that you have to pay are probably because of the holdover time. If you're landlord would agree for you to sublet it or assign the lease.
I think you should tell the landlord, in writing, about your financial situation and why you will be moving (can't afford the rent anymore). Landlords are human too and they may agree to work something out with you.

daliowa · 03-31-2014, 06:13 PM

Have you tried discussing your situation with the landlord? I would imagine the landlord prefers a tenant like yourself that is honest about their situation, rather than someone who just stops paying the rent & waits to be evicted.

Maybe the landlord would be willing to negotiate a lower rent for the remaining six months of your lease.

If he's willing to reduce the rent than just be sure to get it in writing.

4NJseasons · 03-31-2014, 09:03 PM

Discuss with your landlord about your situation (if he seems like a reasonable person to you). You landlord might be able to let you go sooner this time of the year (spring) compared to Aug/Sept when it starts getting harder to find tenants. One way this could work out is that your landlord could put your apartment up for rent again while you continue to live in it. You could do showings on Sat afternoons (don't leave anything valuable outside, you could still be in the apartment during the showings). If your landlord is able to find a decent tenant in the next month or two, he might let you leave with no penalty at all. Good Luck!

Sagafrika · 03-31-2014, 09:11 PM

You signed a lease as an agreement. You can go anywhere you want to go, but you have to honor the agreement and pay the remaining monies due.

P.S. you don't have to take my advise. In the end, people do exactly what they want to do anyway.

RUNYYfan · 04-01-2014, 01:03 PM

The first issue is whether the landlord is an individual person who owns the building or a management firm. If the former, then yes, you could try talking with the person and explaining the situation. Depending on their temperament and how their situation is, they may or may not be willing to work with you on the rent (ex, restructuring the final months of the lease with a lump some payment at EOL) or providing some other options. If it's a mgmt. firm, my experience is, they are going to be hard with the lease rules.

However, as others have mentioned, you did sign a contract and that is a legally binding document. If you are not willing to follow through on the contract obligations - especially if it is a mgmt. firm - you can expect your credit rating to take a hit and for the potential of that firm to sue you. Even individual landlords are going to look askance at this. Some of the more ruthless ones will have no problem going management firm-style after you.

tlmsal · 04-01-2014, 01:11 PM

Yea, they are a management firm and I was afraid of that. I'll try my luck at speaking with the manager and see if I can work anything out.

pinkydapimp · 04-01-2014, 01:42 PM

Quote:

Originally Posted by tlmsal

Yea, they are a management firm and I was afraid of that. I'll try my luck at speaking with the manager and see if I can work anything out.

Give it a shot. My last rental was with a mangement firm and they could careless as long as i had a suitable replacement that met all their criteria(background check, salary, etc.). Good luck!