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Good news. I have since spoke with an attorney. We should have no problem getting out of our lease as what we really have is month to month tenancy. There were a lot of problems with the legality of our lease and it is nOT valid. We have made a good faith efffort to the landlord as far as giving them extra money and helping them get the place rented.
That is good news, and it is all a byproduct of taking the right first step -- which is speaking with an attorney. Unqualified advice can be very detrimental and potentially dangerous; so can advice absent of facts.
Have a situation I could use advice on. Gave landlord 60 days notice, but they are trying to rent for an increase of $55 more a month. After searching online, the proper terminology is that they are not attempting to mitigate damages. Are they not required to attempt to lease at price I am paying? My lease was renewed in December, and rent then went up $40, which I am paying, and now they are trying to raise again to new tenant. Job relocation forcing move.
Have a situation I could use advice on. Gave landlord 60 days notice, but they are trying to rent for an increase of $55 more a month. After searching online, the proper terminology is that they are not attempting to mitigate damages. Are they not required to attempt to lease at price I am paying? My lease was renewed in December, and rent then went up $40, which I am paying, and now they are trying to raise again to new tenant. Job relocation forcing move.
Interesting question. Perhaps you would do better to post this in the renting forum.
Have a situation I could use advice on. Gave landlord 60 days notice, but they are trying to rent for an increase of $55 more a month. After searching online, the proper terminology is that they are not attempting to mitigate damages. Are they not required to attempt to lease at price I am paying? My lease was renewed in December, and rent then went up $40, which I am paying, and now they are trying to raise again to new tenant. Job relocation forcing move.
It all depends on the terms spelled out in the lease, but generally no, they can re-rent for whatever price they feel is justified. In some areas rent control dictates how much the landlord can increase rent on a renewal to an existing tenant, but they can charge whatever they want up front. My in-laws have a rental in an area like that and their current tenant is paying well below market value do to the amount of time she has been there. If she were to leave and a new tenant brought in, the rent would be almost $300 higher than what the current tenant is paying.
You are responsible for paying the lease until the term is up, providing their is no early termination provision. You are freed from your lease when they find a new tenant and they are well within their rights to ask for whatever they feel the market rate is.
In the state of New Jersey if you sign a one year rental lease then you don't move in and decide not to rent . How can you get out of the lease and is the Landlord at all responsible to giving any money back to tenants?
Well, what's the lease say? That you're responsible for rent for the next year? Something along those lines? A written agreement that you read and signed?
This sounds like a thing you'd want to talk to the landlord about directly instead of creating an online profile on a message board, diggint up a thread from six year ago, and asking strangers and hoping one of them is legally savvy enough to know exactly where you are and what the laws are in your location not to mention be familiar with your exact lease.
Seriously, a phone call would be a lot less work than you've already put into this. So go do that.
60 days written notice is pretty standard for NJ leases, atleast the ones i have signed. as long as the landlord can find new tenants, they dont usually mind letting you go. but i think 60 days notice is the norm
I lived in an apt for 13 years the first 12 with the original landlord. Those leases were 30 day written. He sold to a large group based out of Hackensack their lease was 60 days written. They couldn't rent their places out fast enough decent apts in a great neighborhood. Told them a sob story they just let me out of the lease. Sometimes it helps to beg. If they couldn't have rented it out I am sure I would have been on the hook for the balance of the lease. They could take you to court and in some cases not only would you be liable for the balance of the lease but legal fees as well.
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If they couldn't have rented it out I am sure I would have been on the hook for the balance of the lease. They could take you to court and in some cases not only would you be liable for the balance of the lease but legal fees as well.
