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I have a traditional one year lease. I'm looking to move out of state and most likely will be breaking the lease. I've looked over and over this lease and there is no opt out for breaking this lease.. I haven't said anything to my ll yet because I'm not sure when i'll be moving. What do I do? there is no penalty for breaking the lease it seems? this is NJ
Landlord’s Duty to Find a New Tenant in New Jersey
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under New Jersey law (Sommer v. Kridel, 378 A.2d 767 (N.J. 1977)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because New Jersey requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $3,000 in New Jersey.
How to Minimize Your Financial Responsibility When Breaking a Lease
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Are you the same one that moved above a really noisy family that was supposed to be evicted? Kept turning off the hall light etc?
Check out the renter laws on NJ in the first sticky of this forum.
Yes! That's me . They were evicted in May. I'm looking to move out of state most likely next year. I was looking into going month to month after this lease ends instead of renewing lease .
Landlord’s Duty to Find a New Tenant in New Jersey
If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under New Jersey law (Sommer v. Kridel, 378 A.2d 767 (N.J. 1977)), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because New Jersey requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages†in legal terms.
So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe. The landlord does not need to relax standards for acceptable tenants—for example, to accept someone with a poor credit history. Also, the landlord is not required to rent the unit for less than fair market value, or to immediately turn his or her attention to renting your unit disregarding other business. Also, the landlord can add legitimate expenses to your bill—for example, the costs of advertising the property.
If your landlord rerents the property quickly (more likely in college towns and similar markets), all you’ll be responsible for is the (hopefully brief) amount of time the unit was vacant.
The bad news is that if the landlord tries to rerent your unit, and can’t find an acceptable tenant, you will be liable for paying rent for the remainder of your lease term. This could be a substantial amount of money if you leave several months before your lease ends. Your landlord will probably first use your security deposit to cover the amount you owe. But if your deposit is not sufficient, your landlord may sue you, probably in small claims court where the limit is $3,000 in New Jersey.
How to Minimize Your Financial Responsibility When Breaking a Lease
If you want to leave early, and you don’t have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There’s a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you’re looking for your next place to live.
You can help the situation a lot by providing as much notice as possible and writing a sincere letter to your landlord explaining why you need to leave early. Ideally you can offer your landlord a qualified replacement tenant, someone with good credit and excellent references, to sign a new lease with your landlord.
Thank you. I'm looking to relocate. Would I be able to convert to month to month?
Thank you. I'm looking to relocate. Would I be able to convert to month to month?
That is entirely up to your LL and your lease. If you are talking about converting MTM in mid-lease, I doubt it but all you can do is ask your LL. If you are talking about converting to MTM at end of your lease, some of it depends on what your lease states regarding lease renewal. Do you have a fixed term lease or a renewable lease? Some leases automatically convert to MTM at end of lease. What does your lease state?
If it is not in the lease then state/local laws come into effect. NJ has sooooo many laws that your lease would be 100+ pages if I addressed everything specifically. In plain english, if you want to leave early then you give the landlord notice and you owe rent until the landlord finds a new tenant or the lease ends. The landlord must prove to the state that they are trying to re-rent the place. In most cases you may only be on the line for 1 to 2 months or none at all because they found another renter right away.
Please don't ask the landlord to use your security deposit for rent due. That is not what it is for.
That is entirely up to your LL and your lease. If you are talking about converting MTM in mid-lease, I doubt it but all you can do is ask your LL. If you are talking about converting to MTM at end of your lease, some of it depends on what your lease states regarding lease renewal. Do you have a fixed term lease or a renewable lease? Some leases automatically convert to MTM at end of lease. What does your lease state?
What do you mean by fixed? renewable? how do I find out? it's a traditional one year lease which I'm assuming she will renew. I'm looking to convert month to month at the end of this lease which is my first btw.
If it is not in the lease then state/local laws come into effect. NJ has sooooo many laws that your lease would be 100+ pages if I addressed everything specifically. In plain english, if you want to leave early then you give the landlord notice and you owe rent until the landlord finds a new tenant or the lease ends. The landlord must prove to the state that they are trying to re-rent the place. In most cases you may only be on the line for 1 to 2 months or none at all because they found another renter right away.
Please don't ask the landlord to use your security deposit for rent due. That is not what it is for.
how about If I look for tenants myself? like by placing ads? I don't really know anyone in this area to ask.. or put up flyers?
Are you the same one that moved above a really noisy family that was supposed to be evicted? Kept turning off the hall light etc?
Check out the renter laws on NJ in the first sticky of this forum.
Also now I'm having problems w/ electricity going off in my apartment.. the rest of the building is fine, at least in the hallways.. happened twice last week. The first time I thought the problem was the whole block. I opened my door, the hallway lights are working.. I wait a few seconds.. the power is back on . This past weekend there was a crew working outside digging.. power went off again.. I call the electric co, once again , the rest of the building is fine.. just my apartment.. they advise to wait 5 hours before someone can come out.. no breakers in my apartment.. I go in the basement per the super's direction.. I do everything.. nothing works.
I see some guys from the electric co working outside I get them to come in, they go in the basement... my apartment blew a fuse.. the panel needs to be replaced completly.. really old building 1890's. Most likely it will happen again if the panel box isn't replaced says the electric co. I text the ll and advise them of this.. no response... since Saturday.. they read the message. sigh..
This is just one of the few things aggravating me about this place, but I'm ready for a fresh start and most likely will need to break my lease.
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. This past weekend there was a crew working outside digging.. power went off again.. I call the electric co, once again , the rest of the building is fine.. just my apartment.. they advise to wait 5 hours before someone can come out.. no breakers in my apartment.. I go in the basement per the super's direction.. I do everything.. nothing works.
