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Hi guys, this is my first post here, im looking for advice.
here goes.
I'm going to give you some backround information and then ask a few questions.
Backround information:
So i moved out of an apartment that i had rented with a friend of mine. We had a one year lease in both of our names effective from jan 10 to jan 11.
before anything happened we were paid up to the 22nd of this month (may) I had given written notice of breaking the lease on the 11th of may. The notice listed the 15th of may of the move out date.
I moved out on the 15th and that same day I had brough a gentleman to the apartment as a prospective tenent to replace me. He was willing to take the remainder of my portion of the lease. after speaking with the landlord she told me that as it was a weekend, she was busy, and she was not going to come to meet the gentleman.
She also informed me and the remaining tenant at the same time that she had found someone to fill my spot and had already taken security deposit and first month rent from him. she said that he was moving in the next day, which was the 16 of may.
the gentleman left and i moved on.
I have just recieved a letter in the mail, dated may 18th, from my ex-landlord stating, among other things, that
"...in order for us to consider replacing ****My Name**** in the subject lease, you both must agree to and comply with the following terms.
...
(1-9 were standard and common decency, 10 is where i have the problem)
....
10. If a replacement tenant found for ****My Name**** only signs a month-to-month lease, you both are responsible for the monthly rental of $$$$ per month untill Jan ## 2011, and both your security deposits will stay in the bank until Jan ## 2011."
All of this takes place in New Jersey.
All of the parties live in New Jersey.
I have seen for myself that the new tenant is in the apartment and my previous roomate is still there.
Questions:
1. because the letter is dated May 18th and the new tenant moved in on the 16th, does this letter have any bearing at all? considering that the entire letter is about replacing me on the lease and is was written after a new tenant had already paid security deposit, and rent, and had moved in.
2. that tenth heading which i spelled out above, is that enforceble? I've always understood that once a new tenant is in the unit I can only be responsible for the difference in rent. I just don't want this current tenant moving out and the landlord comming back after me.
The problem is that breaking a lease is not a unilateral decision. ie, you can't just say "I'm breaking the lease", the other party has to agree to it. If the lease has specific terms spelled out, great. If not, you have to come to terms.
The fact that you gave notice, and moved out, and even the fact that she found a replacement tenant for you is pretty irrelevant, as is the date on the letter. You are still responsible for what you originally signed up for, unless the lease says otherwise.
I would STRONGLY suggest doing a walkthrough with the owner/landlord so that they can see what the condition was at your move out time. Hopefully you took dated photos in case you can't get a walkthrough at this point. Otherwise, at the end of your lease, if the new guy did damage, you will have no proof that it wasn't you and you can be held responsible.
In addition, since you broke the lease, the LL may not have to give your security deposit back until such time as the original lease is up (this varies from state to state). Some states go by the date of vacancy, and some go by the date of the end of the lease. It is also possible that by breaking the lease, if the LL does agree to let you out of the remainder of the responsibility, you may forfeit rights to your deposit. Either are possibilities, but she can't do both. (She can't NOT let you out of the lease AND make you forfeit your deposit) (*Edit* Oops, I missed that #10 does say that she is holding the deposit until the lease is up, so there you go)
If market rates decreased and she had to take a decrease in order to rerent, you can be held responsible for the deficit each month, any vacancy time (none in this case), and if the tenant moves out before your lease is up, or stops paying rent for whatever reason, you are liable for covering that rent too.
Like I said, a lease is a bilateral contract. You can't break it without the LLs consent, which usually comes with penalties. In this case, it sounds like they are not willing to do that.
I don't agree with the "a lease is a lease is a lease" - He DID break the lease - and the landlord honored that breaking by finding a new tenant - ON HER OWN - and permitting the new tenant to move in - WITH a security deposit.
So long as the landlord has DE FACTO accepted the termination of the lease with regard to one of the original signers, the OP needs to inform the landlord that s/he is aware there is a replacement tenant with a replacement security deposit and the original tenant will expect the return of his security deposit minus any agreed-upon or proven damages in accordance with NJ l-t law; else the OP will be saying hello in small claims court.
I don't agree with the "a lease is a lease is a lease" - He DID break the lease - and the landlord honored that breaking by finding a new tenant - ON HER OWN - and permitting the new tenant to move in - WITH a security deposit.
See, I would classify that as "minimizing the prior tenant's liability". In most states, the LL has a duty to rerent as quickly as possible at acceptable terms, so that the person breaking the lease owes as little as possible. Doing so does not necessarily imply release of liability of the prior tenant for the remainder of the lease term.
I don't think the OP would get very far in small claims, since unless NJs laws are unusual, the LL probably isn't doing anything illegal.
The LL cannot collect twice in any situation. The new tenant has paid rent and deposit, the OP is in the clear and not responsible for the remainder of the lease. The key is not being able to collect twice.
I think the LL can collect from the lease breaker any difference of what the new tenant is paying and what the old tenant would have paid for the remainder of the original lease. If new tenant is paying $900 and lease breaker was paying $1,000 and there is 6 months left on the lease, the LL is owed $600 ($100 X 6) from the old tenant.
LL gets to keep 2 security deposits for the entire remainder of the lease even though, without consulting the leaseholder, the LL put in another tenant - now claiming it is a month-to-month sublease tenant. That's not mitigating damages, that is unilaterally changing the terms of the lease AND charging th original tenant for that. And that is why small claims court is the way to go. LL cannot hold double the security deposit for a DE FACTO release of the original leaseholder's responsibilities.
Dont think they can keep two security deposits since deposit is per tenant. If original tenant moved out and a replacement is now in, LL gets rent diffrence only, not security deposits. Security deposit is from new tenant. OP needs to consult their state law as everything else is mere guessing what is legal or not.
In order for the LL to remove your name from the lease your roomate would need the financial ability to pay rent on her own, apparently this wasn't the case, so, the other option is to find a replacement of your roomates choice, the applicant goes through the normal screening process, at this point your name is removed, you're released of the future
financial obligation of rental payments.
I'm not understanding why the LL was given the authority to choose the individual, unless, your roomate agreed it acceptable. The LL can not change the terms of the lease to a month to month agreement before its expiration. Legally, for reason of early termination, I believe the LL can keep your portion of the security deposit, but I would direct this question to another sourse, attorney or legal aid.
IMO, this LL is clueless about rental practices and state law.
Quote:
Originally Posted by thecheesemo
Backround information:
So i moved out of an apartment that i had rented with a friend of mine. We had a one year lease in both of our names effective from jan 10 to jan 11.
before anything happened we were paid up to the 22nd of this month (may) I had given written notice of breaking the lease on the 11th of may. The notice listed the 15th of may of the move out date.
I moved out on the 15th and that same day I had brough a gentleman to the apartment as a prospective tenent to replace me. He was willing to take the remainder of my portion of the lease. after speaking with the landlord she told me that as it was a weekend, she was busy, and she was not going to come to meet the gentleman.
She also informed me and the remaining tenant at the same time that she had found someone to fill my spot and had already taken security deposit and first month rent from him. she said that he was moving in the next day, which was the 16 of may.
"...in order for us to consider replacing ****My Name**** in the subject lease, you both must agree to and comply with the following terms.
10. If a replacement tenant found for ****My Name**** only signs a month-to-month lease, you both are responsible for the monthly rental of $$$$ per month untill Jan ## 2011, and both your security deposits will stay in the bank until Jan ## 2011."
I have seen for myself that the new tenant is in the apartment and my previous roomate is still there.
Questions:
.
Last edited by virgode; 05-26-2010 at 04:12 PM..
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