Legal Question in Landlord & Tenant Law in New Jersey

landlord-tentant

my lease was up 4-30-09 and i did move in that day and inform the leasing office 4-27-09. They say because i didnt give a 3 month notice they will charge us for 3 months at the month to month rate. I'm willing to give up my security depoist and than pay damages. I just cant pay 3 months rent. I didnt even sign a new lease. Is there anything I can do?


Asked on 5/13/09, 1:39 pm

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: landlord-tentant

It depends on what your lease says. Did your lease say that your tenancy automatically renewed if you did not give a certain amount of notice of your intention not to stay at the end of the lease? If so, how much notice did you have to give? That may be why they want you to pay for 3 months. Even if they are correct, they have your security deposit, so practically speaking that will pay for some (or all) of what you allegedly owe and they would have to sue you for the rest or maybe not bother. You should also be aware that the landlord has a duty to mitigate damages by making an effort to find a new tenant, and if they get a new tenant before the 3 months, then their damages are less than 3 months rent (assuming you have breached the lease at all). You should have an attorney review the lease, evaluate the matter, and discuss your options with you. Feel free to call me if you wish.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

Read more
Answered on 5/13/09, 9:57 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New Jersey