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I own a condo in North Jersey in a high rise and had a good tenant there for a year. Her lease was due for renewal in October and I asked her if she wanted to renew for another year. She said yes and we renewed. The lease started December 1st and on December 18th, she sent me a written 60 days notice to leave without any reason nor discussing it with me prior. I told her i would let her off the lease as per her 60 days notice, but as i am currently out of the country, there is a pandemic, it is the middle of the winter and holidays, it may take me some time to find a replacement tenant and that it would may be longer than 60 days and that she would be responsible for the rent until i find a replacement tenant. I put an ad on a few sites asap but it has been quiet and i still could not find a qualified tenant. She emailed me yesterday saying she spoke to her attorney and her attorney advised i give her her deposit and the rent from half of February's rent (She is moving out February 18th) Is this legal? From what i know she is responsible for the rent until i find a replacement tenant regardless of her 60 days notice and it just sounds ridiculous for her to expect me to pay her a prorated rent back for February and give her the security deposit.
You need to consult a lawyer about what is and is not legal. However if she stayed in the apartment 1 single day in the month, she is responsible for the entire months rent. Her lawyer would not advise her that she can get part of it back. Additionally she is breaking her lease and is responsible for the lease until a tenant can be found, as long as you are doing your due diligence to find a replacemement. Your tenant could be held responsible for the rents owed until the end of the lease if you are unable to find a replacement.
Do a quick search of the tenant laws in NJ it explains it in plain language. This is something you should be well versed in if you are going to be a landlord.
I own a condo in North Jersey in a high rise and had a good tenant there for a year. Her lease was due for renewal in October and I asked her if she wanted to renew for another year. She said yes and we renewed. The lease started December 1st and on December 18th, she sent me a written 60 days notice to leave without any reason nor discussing it with me prior. I told her i would let her off the lease as per her 60 days notice, but as i am currently out of the country, there is a pandemic, it is the middle of the winter and holidays, it may take me some time to find a replacement tenant and that it would may be longer than 60 days and that she would be responsible for the rent until i find a replacement tenant. I put an ad on a few sites asap but it has been quiet and i still could not find a qualified tenant. She emailed me yesterday saying she spoke to her attorney and her attorney advised i give her her deposit and the rent from half of February's rent (She is moving out February 18th) Is this legal? From what i know she is responsible for the rent until i find a replacement tenant regardless of her 60 days notice and it just sounds ridiculous for her to expect me to pay her a prorated rent back for February and give her the security deposit.
It's not about your question, but have you tried listing the property with a realtor since you're not there? I got my last apartment through a realtor because the owner was older and didn't want to be bothered.
It's not about your question, but have you tried listing the property with a realtor since you're not there? I got my last apartment through a realtor because the owner was older and didn't want to be bothered.
Yes, i have been looking for brokers and found one in our building and about to enter into agreement with him to put it on MLS. It is on every other site meanwhile.
You need to consult a lawyer about what is and is not legal. However if she stayed in the apartment 1 single day in the month, she is responsible for the entire months rent. Her lawyer would not advise her that she can get part of it back. Additionally she is breaking her lease and is responsible for the lease until a tenant can be found, as long as you are doing your due diligence to find a replacemement. Your tenant could be held responsible for the rents owed until the end of the lease if you are unable to find a replacement.
Do a quick search of the tenant laws in NJ it explains it in plain language. This is something you should be well versed in if you are going to be a landlord.
Thanks i did do a search and found exactly what you said and advised her of this and she came back to me with her two months notice thinking because she gave two months notice she can get her deposit and some portion of the rent for February as per her lawyer!
I own a condo in North Jersey in a high rise and had a good tenant there for a year. Her lease was due for renewal in October and I asked her if she wanted to renew for another year. She said yes and we renewed. The lease started December 1st and on December 18th, she sent me a written 60 days notice to leave without any reason nor discussing it with me prior. I told her i would let her off the lease as per her 60 days notice, but as i am currently out of the country, there is a pandemic, it is the middle of the winter and holidays, it may take me some time to find a replacement tenant and that it would may be longer than 60 days and that she would be responsible for the rent until i find a replacement tenant. I put an ad on a few sites asap but it has been quiet and i still could not find a qualified tenant. She emailed me yesterday saying she spoke to her attorney and her attorney advised i give her her deposit and the rent from half of February's rent (She is moving out February 18th) Is this legal? From what i know she is responsible for the rent until i find a replacement tenant regardless of her 60 days notice and it just sounds ridiculous for her to expect me to pay her a prorated rent back for February and give her the security deposit.
It doesn't matter what "HER" attorney advised "YOU" to do. HER attorney represents HER. HER attorney cannot give "YOU" legal advice. Speak with your own attorney -- one who specializes, focuses on, etc., landlord/tenant matters.
This will all come down to what the terms and conditions of the lease are -- and what YOUR attorney advises YOU. Good luck and all the best!
are you still out of the country and would you be available to go to small claims court if your tenant chooses to file a case?
This is the real answer. There is the legally "right" answer, but if you're out of the country, you don't have access to the court to get to the right answer. Be careful about holding back the security deposit, that's playing with fire in NJ due to the treble damages clause in the state law. You have to be POSITIVE that you are allowed to deduct from the deposit and substantiate it heavily, and then be prepared to fight it in court anyway even if you're right.
This is the real answer. There is the legally "right" answer, but if you're out of the country, you don't have access to the court to get to the right answer. Be careful about holding back the security deposit, that's playing with fire in NJ due to the treble damages clause in the state law. You have to be POSITIVE that you are allowed to deduct from the deposit and substantiate it heavily, and then be prepared to fight it in court anyway even if you're right.
yes i am out of the country and i think she is taking advantage but i don't think she has a case and i have an attorney that i worked with on the purchase of the condo whom i could ask for help but i would try to not escalate it.
I own a condo in North Jersey in a high rise and had a good tenant there for a year. Her lease was due for renewal in October and I asked her if she wanted to renew for another year. She said yes and we renewed. The lease started December 1st and on December 18th, she sent me a written 60 days notice to leave without any reason nor discussing it with me prior. I told her i would let her off the lease as per her 60 days notice, but as i am currently out of the country, there is a pandemic, it is the middle of the winter and holidays, it may take me some time to find a replacement tenant and that it would may be longer than 60 days and that she would be responsible for the rent until i find a replacement tenant. I put an ad on a few sites asap but it has been quiet and i still could not find a qualified tenant. She emailed me yesterday saying she spoke to her attorney and her attorney advised i give her her deposit and the rent from half of February's rent (She is moving out February 18th) Is this legal? From what i know she is responsible for the rent until i find a replacement tenant regardless of her 60 days notice and it just sounds ridiculous for her to expect me to pay her a prorated rent back for February and give her the security deposit.
Basically, it comes down to a person to person argument...
You can't force her to stay and what are you going to do? Sue for for a year's worth of rent if it takes you a year to find a tenant? Some people would like to.
When my sister broke the lease of her apartment, it was written into her lease that she pay 3 months. I felt that was pretty rough since it was an expensive apartment, but ... she makes a lot of $ and didn't flinch.
In my lease, I believe it was written 1.5 months, but we've already gone past the lease time period.
Basically, if you cannot come to a middle ground agreement, she leaves, and then off to court you go.
Signing a new lease when I assume you would have let her go month to month was dumb, and she should expect to pay for that, but ... I'd say a month and a half is fair. Some people wouldn't penalize at all, all different people.
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