Let`s say you have a monthly lease, your rent is due on the first of each month, and you want to move on June 30. You must notify the landlord in writing before June 1 that you will be moving as of June 30 and that you will be terminating your lease at that time. The reasons for breaking a lease can be divided into 2 main categories: legally justified reasons and reasons based on preferences and not legally justified. For example, if your annual lease ends on June 30, you must notify the landlord in writing before June 1 that you want to end the lease on June 30. Failure to comply with an appropriate termination may result in the automatic formation of a monthly rental. In this case, you may be responsible for at least one month`s additional rent. In this example, your failure to notify may allow the landlord to charge you for July rent and deduct it from your deposit, even if you move on June 30. At The Cintron Firm, we recognize that tenants may need to break their lease before the end of their rental period for a variety of reasons. In these cases, you should contact a lawyer. The lease is deemed to have been terminated 30 days after receiving written notice from the landlord.4 Once the lease is terminated, the tenant no longer has to pay additional rent. Any rent due for the month in which the termination takes place will be paid “on a pro rata basis”.
For example, if the lease ends exactly in the middle of the month, the tenant only owes rent for the first half of the month. Note: If a lease is terminated due to the tenant`s death, any refund or property tax credit due to the tenant prior to the termination of the lease must be paid to the tenant`s executor or estate administrator or surviving spouse. Any landlord who fails to do so will be liable to the tenant`s estate or surviving spouse for double the amount of the property tax refund to which the tenant was entitled, or $100, whichever is greater. Quote: N.J.S.A. 54:4-6.7; N.J.S.A. 54:4-6.11. The law allows elderly tenants (62 years of age and older) to break their lease if they need to move to a nursing home, assisted living facility or senior citizens` community. To break your lease in these circumstances, the tenant must notify the landlord in advance in writing. The notice must include (1) a statement from the tenant`s physician that the tenant needs the services provided by such an entity, and (2) a statement that the tenant has been admitted to such an establishment Cite: N.J.S.A. 46: 8-9.2 (b). If you live in social housing or other subsidized building, or if you have a good Housing Choice (also known as a section 8 voucher), you may need to take steps to terminate a lease.
If you`re a landlord who wants to learn more about the legal options available to you when a tenant breaks a lease, contact the lawyers at the law firm of Griffin Alexander, PC in New Jersey today. In New Jersey, landlords are required by law to make a good faith effort to re-rent a rental unit after a tenant has moved (provided they have not negotiated a formal termination of their lease).7 This is called the “mitigation obligation.” Once a tenant has informed a landlord that they have left a unit, they must make reasonable efforts to find a replacement tenant. Once there is a new tenant, the old lease is terminated and the original tenant is free from any remaining rent payments. If the landlord does not try to mitigate the damage by looking for a new tenant, the original tenant is not obliged to continue paying the rent. If a tenant is at least 62 years of age and needs to move to an assisted living facility or nursing home, the tenant or his or her legal representative must provide the landlord with written notice that he or she is terminating the lease, a doctor`s statement that such a move is necessary, and proof of admission to such an institution. The lease ends 40 days after the landlord receives written notice, and prorated rent must be paid on that date.5 Leases, whether oral or written, usually have only a certain duration. Some leases are monthly, while many leases are for a period of one or two years. Landlords who rent properties usually do so expecting their tenants to comply with the terms of the lease and make their payments on time. However, to the dismay of many landlords, some tenants have chosen to leave their apartment earlier than the lease termination date, and when this happens, it can be a nerve-wracking experience. If there are other tenants in the lease, the lease of the other tenants also ends. Other tenants can enter into a new lease if the landlord so wishes.
Other tenants should not be removed from the home unless the landlord has a good reason under the landlord`s or tenant`s laws. To terminate an annual lease, unless the lease indicates otherwise, you must give the landlord written notice at least one full month before the lease expires. The notice must inform the landlord that you are moving at the end of the lease. Unless otherwise specified in the tenancy agreement, the landlord must give you at least one full month before the end of the lease a notice period so that the landlord can increase the rent or change other terms of the lease. Remember that you cannot be evicted simply because the landlord terminates your lease. The lease may contain certain provisions for the early termination of your lease. You can offer residential subletting options or early release options if you can notify in advance. The law provides that any lease may be terminated for one year or more before it expires if the tenant or spouse dies. The landlord must be informed in writing by the tenant`s executor or administrator or by the surviving spouse of the termination of the lease if the names of both spouses appear on the lease.
Termination of the tenancy agreement takes effect 40 days after receipt of written notice by the landlord if (1) the rent owed to that date has been paid; (2) the property is vacated at least five working days before the 40th day; and (3) the tenant`s lease does not prohibit early termination after the tenant`s death. Quote: N.J.S.A. 46:8-9.1. If you intend to break your lease, our company will discuss your reasons with you and work with your landlord to minimize your cost of breaking your lease. In cases where a landlord has already filed a lawsuit because you broke your lease, our lawyers have successfully defended those lawsuits and, in many cases, have helped clients avoid paying all the rent remaining due under the lease. If you terminate your lease and leave, the New Jersey Safe Housing Act states that the landlord must refund your security deposit within 15 days of your stay. The law allows the landlord to keep part of the deposit if you have damaged the apartment or if you owe rent. The landlord must send a notice to your last known address within three business days of your departure to tell you where to go to pick up your deposit.
If the landlord has withheld some of the money from the deposit, the written notice must also tell you why. If you disagree with the landlord`s reasons for withholding part of the deposit, you can sue the landlord in small claims court for double the amount withheld by the landlord, plus any fees you pay if you need to hire a lawyer to help you. Quote: N.J.S.A. 46:8-21.1. If you move before the end of the lease for a reason not accepted by law, the landlord may be able to hold you responsible for the rent that is due until the apartment or house is rented again or until the end of the lease. Reasons that are not accepted by law are things like moving near a new job, a divorce, or simply the desire to return to your hometown. The law allows tenants with disabilities to break their lease if the landlord, after notice, has not made the housing unit accessible to the disabled tenant or a disabled member of the household […].
