I had to break my apartment lease due to relocation. My lease ends on 1/31/07 and I need to be out by 11/01/06. I have 30 days notice and advised that they can use my security deposit for the re-renting fee (as stated in the lease extension) of $550. No where does it say that I would also be responsible for the remaining rent on the lease. I know it is NJ law that you may be held responsible but I thought because the extension specifically stated "If you break the lease before the end date, you will be charged $550 for re-renting and refurbushing fees" Doesn't that mean that I would not owe anymore but the $550?
2006-10-25 04:37:52 · 9 answers · asked by errin24 2 in Business & Finance ➔ Renting & Real Estate
Just checked with my attorney who helped me close on my house and he said pay only what you stated in your 30 day notice letter. 1 month rent plus the re-renting fee of $550. He said with all the problems I have had with the place (I have pics) I will not have to worry, he is drafting a letter for me as we speak!!
2006-10-25 07:44:40 · update #1
If you break your lease you will be responsible for every day or month until the unit is re-rented to a new tenant.
Depending on the lease agreement, which is very rare, if it states that you are only responsible for one month then you should be fine.
The only time that you do not have to pay the remainder of your lease is if you had to break your lease due to "unsafe" circumstances. Examples: Your apartment or vehicle has been broken into many occasions and the company cannot provide you with 24 hour security. There are rats or other unsanitary conditions happening in the apartment, also fire hazards that the apartments refuse to fix or have neglected. You have an ex or someone who is harassing/stocking you or your life is in danger due to the individual(s).
Otherwise, if it was due to financial hardship or for other personal reasons, you will still be liable for the unit until they find new tenants.
You can contact the Tenants Union in your area to get info on your rights as a tenant.
2006-10-25 06:46:20 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I did evictions in California. Many state laws are similar, but still, because you live in New Jersey (I used to live there too), you will need to carefully read your lease. When you sign a lease to rent premises, you obligate yourself (and so does the landlord) for the full term agreed upon in the lease. Technically, you can only break a lease under very limited circumstances. Your $550.00 dollars may be a "fee" that your landlord is charging you, in addition to any other damages the landlord will now incur to re-rent the premises you are leaving. Technically, you would be responsible for the $550.00, but also each month of rent you are not in the rental unit, November, December, and January. Many states have laws that say a landlord must take "reasonable" steps to re-rent the vacant premises, but many things can impact this rule. If the landlord has several units already vacant, he is generally under no obligation to point your vacant unit out more specially then any of his other vacant units. On the other hand, if someone expresses interest in your unit, he is not permitted to steer people away from your unit in the hope of increasing the amount of money you may eventually owe. The best thing is to seek legal assistance through a university law school or local government agency. To protect yourself you may need a lawyer, but that could potentially cost you as much or more than the rent for all those months you vacated. Good Luck.
2006-10-25 05:08:40 · answer #2 · answered by koketah 1 · 2⤊ 0⤋
I am not familiar with NJ law, nor have I seen the actual lease. But from what I gather from your question, you can and will be held liable for all remaining rent. The fee that would be charged to you if the lease agreement was actually being terminated, at least here in TX, is called a termination fee. If your lease does not indicate somewhere the lease will be terminated, the full amount of remaining rent + $550 fee will be put on your renters credit. (My experience with breaking apartment leases is that the landlord will not usually try to track you down and collect money, or use a credit collection or anything. you will probably be okay in that regard.) Good luck!
2006-10-25 04:43:59 · answer #3 · answered by daniel.foster 2 · 1⤊ 0⤋
Generally, you would owe for the rent for the remainder of the lease BUT the landlord usually has a duty to make a reasonable effort to re-rent the apartment after you leave. If he/she does re-rent the place then you would not owe for the time period that it was re-rented (if that corresponds to any of the time you must cover). I would advise informing the landlord of this duty and sweetening the pot by finding out what he will re-rent it for and then offering to cover a percentage of that so that it will re-rent faster.
For example, if the rent is $1000 a month then say that you will cover $200 of that for the remaining months only. The landlord can then advertise a $1000 apartment for $800 a month (for the remaining months only) which may end up to the apartment renting much faster.
2006-10-25 06:49:48 · answer #4 · answered by ruzicho2000 2 · 0⤊ 0⤋
It's typically "breach of contract" damages. That means the landlord may sue you for the costs they are actually out as a result of your breach of lease. On the flipside, the laws of most states require the landlord to make a good faith effort to miinimize losses caused by a breach of lease. That means the landlord must make an effort to find a new tenant if a tenant breaks a lease. So, at the high side, you could potentially be liable for the entire rent for the remainder of the lease. On the low side, you could conceivably be responsible for zero, if the landlord can find a new rent-paying tenant immediately and thus does not lose any rent.
2016-05-22 12:54:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would feel that you shouldn't be responsible for any more than what your lease says you would be responsible for, however, your landlord doesn't have to let you out of your lease and if he says that the only way he will do it is if you pay the remaining rent, then I think you would have to do it.
Check the original lease you signed. That may detail the rules for breaking the lease. If you signed an extension, then that is just an agreement on top of the existing lease agreement.
2006-10-25 04:51:53 · answer #6 · answered by Phoenix, Wise Guru 7 · 0⤊ 1⤋
um u can sublease which is when u can rent ur own rented apartment to another and then just pay the landlord that money.If u do end up breaking the lease u can get sued because remember u signed a contract at the beggginning
2006-10-25 04:41:31 · answer #7 · answered by Suzanne S 2 · 0⤊ 3⤋
No what you need to do is list your apt. on craigslist and do a sublet
2006-10-25 05:20:10 · answer #8 · answered by Luckys Charm 4 · 0⤊ 1⤋
You'd do better to ask an attorney.
2006-10-25 04:40:47 · answer #9 · answered by Ralfcoder 7 · 1⤊ 2⤋