Legal Question in Real Estate Law in New Jersey

Are landlords allowed to impose a fee for breaking a lease?

I am planning to move out of state to be closer to my job. My lease states that I would need to pay them an "early termination charge" equals to 2 months rent on top of the regular rent. Are they allowed to demand a fee? What are the ramifications for not paying this fee?


Asked on 1/04/00, 8:35 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Are landlords allowed to impose a fee for breaking a lease?

It really depends on the terms of your lease. Actually, you are quite lucky if that is all you are required to pay to get out of your lease. Most leases would require you to pay for the entire term of the lease. For example, suppose your lease was for one year, $6,000.00 for the year payable at $500.00 per month. Assume also that you were there for two months and then wanted to break the lease. You had already paid for two months ($1,000.00) and there was still ten months ($5,000.00) to go on the lease. You are obligated for the entire $5,000.00 in that case. If your lease had a "two month termination fee", you would only be required to pay $1,000.00 rather than $5,000.00. This is only an example and cannot be construed as good advice necessarily because I am giving you an opinion without the benefit of reading your lease. My opinion would change based on very specific information that you could give me during an interview and after my review of the lease. I would suggest that you immediately consult with an attorney. If you want me to assist you, feel free to call me at 856-546-8010. Mention LawGuru and your first consultation is free. Good luck! Rob Gleaner

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Answered on 1/05/00, 5:22 pm


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