Legal Question in Real Estate Law in New Jersey
tenant wants to break lease prior to moving in
Can we be held to a signed lease (which is due to begin on
December 1,2003) if we never move in according to New Jersey Law?
Asked on 9/23/03, 7:33 pm
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: tenant wants to break lease prior to moving in
If you give the landlord adequate notice so he can release the property, your maximum exposure could be his loss of rental until he releases, or the rent differential if he releases, but at a lower rental. He does have an obligation to mitigate his damages by attempting to release and you could be responsible for his costs incurred (e.g. advertising, broker commissions, etc.)
Answered on 9/24/03, 11:54 am
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