Legal Question in Landlord & Tenant Law in New Jersey

broken lease

my tenant broke her lease and did pay till end of it. 12 days after she was all moved out, all utilities were disconnected & a final inspection was done she came back to pick up her security check & leave keys. We had our folding table & folding chairs in the kitchen - She is now demanding her balance back - saying that she should not have to pay the remaining balance of the broken lease because someone is using the apartment. She knows it is our stuff and that the apartment is NOT rented yet. is she entitiled to it? It is a 2 family house and we occupy the other apartment.


Asked on 11/02/08, 3:52 pm

1 Answer from Attorneys

Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: broken lease

She would not be entitled the rent if the apartment has not been rented. You are, however, obligated to attempt to rent the apartment to mitigate your damages.

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Answered on 11/04/08, 4:46 pm


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