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I've already found someone who wants to take over my lease but LL just won't allow it... I wanted to see if there's anything I can do about it but I guess not...
I can't just break the lease unless I follow their lease term which is 60 days notice + 2 months buyout (equals total 4 months of rent at the time which my lease will expire.. lol..)
Why can't you just break the lease? Tell them you don't want to do the 'buy out' and that you don't have the money for the buy out. People break leases all the time. The landlord cannot stop them. They cannot force you to pay the buyout fee if you don't pay it. The buy out is 1 option. The other option (option 2) is break the lease. You should take option 2. Move out, tell them you are moving. Don't deal with the 60 day notice and don't give them a buyout.
I guess what I was trying to say is I'll still pay 4 months of rent from now no matter what (staying vs early termination) unless LL will consent for sublet.
No. You move out and break the lease. You hand over the keys. They will attempt to rerent it. You pay your monthly rent on the normal due date until they find a new renter. They will probably find a new renter in a few weeks. Then you don't owe any more rent. If they don't find a new renter you pay rent until your lease end date. This is very very unlikely that it stays empty that long.
Are there a lot of vacant units? Do they seem to rerent them as soon as people move out?
No. You move out and break the lease. You hand over the keys. They will attempt to rerent it. You pay your monthly rent on the normal due date until they find a new renter. They will probably find a new renter in a few weeks. Then you don't owe any more rent. If they don't find a new renter you pay rent until your lease end date. This is very very unlikely that it stays empty that long.
^This is what I was thinking as well. But from my understanding, most leases list both options for a break lease penalty and OP's does not. But I guess even if it doesn't list it they should be able to do it but I am no legal expert
Last edited by Corn-fused; 08-10-2015 at 03:47 PM..
Why can't you just break the lease? Tell them you don't want to do the 'buy out' and that you don't have the money for the buy out. People break leases all the time. The landlord cannot stop them. They cannot force you to pay the buyout fee if you don't pay it. The buy out is 1 option. The other option (option 2) is break the lease. You should take option 2. Move out, tell them you are moving. Don't deal with the 60 day notice and don't give them a buyout.
Yes, they can. They can take you to court, get a judgement against you, and have your wages or tax returns garnished.
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Yes, they can. They can take you to court, get a judgement against you, and have your wages or tax returns garnished.
They sure can and likely will, I know I would but I don't have lease break fees because it complicates things. I don't get how sware2cod can think a legally binding contracts mean nothing.
Yes, they can. They can take you to court, get a judgement against you, and have your wages or tax returns garnished.
If you are paying your rent every month on the due date, they couldn't go after you for a lease break fee because you didn't simply skip out without paying.
BTW - most leases don't put lease break options in the lease regarding moving out and having to pay the rent until a new renter is found. But it's already in state law in many states . Just because it's not mentioned in the lease, it doesn't mean it's not an option. After all, NJ already requires landlord to mitigate damages if someone moves out early. So it's already covered in state law. Absence of this in the lease doesn't make it illegal in NJ. It's just that probably 80% of leases don't mention what happens if someone breaks the lease.
Last edited by sware2cod; 08-10-2015 at 04:31 PM..
Agreed however, what I have a problem with is the LL's ability to profit on every single break lease (and probably hopes tenants DO break their lease). They have a duty to mitigate and if they are able to rent fairly quick then they are always making money off of every tenant who breaks the lease.
Most leases that I have seen, and/or heard of, give you 2 options: 1) opt in on the break lease penalty of 2 months worth of rent and then you have no further obligation OR 2) don't opt in on the break lease fee and you are responsible for full rent until the unit is re-rented.
I have personally not heard of a lease that doesn't offer both options specifically IF one option is the buy-out. If the buy-out option wasn't offered at all then the tenant would be responsible until unit is rented.
By having ONLY the break lease option it seems to contradict the 'duty to mitigate' law and the LL profits most of the time.
OP, I still think you should contact legal counsel to get advice.
If you are paying your rent every month on the due date, they couldn't go after you for a lease break fee because you didn't simply skip out without paying.
BTW - most leases don't put lease break options in the lease regarding moving out and having to pay the rent until a new renter is found. But it's already in state law. Just because it's not mentioned in the lease, it doesn't mean it's not an option. After all, NJ already requires landlord to mitigate damages if someone moves out early. So it's already covered in state law. Absence of this in the lease doesn't make it illegal in NJ. It's just that probably 80% of leases don't mention what happens if someone breaks the lease.
LOL I was finishing up my post when yours came through but basically we are stating the same thing.
OP, you need to make sure you surrender the apt and turn over the keys and get it in writing that you did such and also have a witness there if possible. That starts the clock for the LL to begin mitigation. You continue to pay your rent on time until the place is rented and then you are done. If the apts fill fairly quickly you may only be responsible for 1 or 2 months at most. If it takes longer then the LL has to prove that he was mitigating damages but either way, you should end up paying less than the 4 months.
That is how I see it but again, contact legal counsel to have them review your lease terms.
Agreed however, what I have a problem with is the LL's ability to profit on every single break lease (and probably hopes tenants DO break their lease). They have a duty to mitigate and if they are able to rent fairly quick then they are always making money off of every tenant who breaks the lease.
Most leases that I have seen, and/or heard of, give you 2 options: 1) opt in on the break lease penalty of 2 months worth of rent and then you have no further obligation OR 2) don't opt in on the break lease fee and you are responsible for full rent until the unit is re-rented.
I have personally not heard of a lease that doesn't offer both options specifically IF one option is the buy-out. If the buy-out option wasn't offered at all then the tenant would be responsible until unit is rented.
By having ONLY the break lease option it seems to contradict the 'duty to mitigate' law and the LL profits most of the time.
OP, I still think you should contact legal counsel to get advice.
I completely agree with all of this Corn-fused, specially the bold. By paying the fee it absolves the landlord of their duty to mitigate, and in turn gives them time to turn the unit over at their leisure, as well as the tenants' duty to pay rent until a new tenant is placed. I couldn't find anything when I looked it up that outlawed the practice in NJ or any reference to it at all really.
I know from a relative of mine that the fee in Arizona will be upheld in court, cousin of mine left an apartment without paying the fee but all rent was paid. They went to court over it and the judge ruled in favor of the landlord, the laws are very similar in both states on this issue, which is why I advise the tenant to accept that they owe the fee and move on.
But I am way too stubborn for that (LOL) and still recommend they seek legal counsel. It is worth the few bucks they may have to pay to get an expert opinion if it will save them 2 months worth of rent penalty.
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