Legal Question in Landlord & Tenant Law in New Jersey

Signed a 1 Year Lease Time Has Expired and Want to Break it

I signed a 1 year lease (7/06/04),now since its over a year and I have found an apartment in Clementon N.J.,I would like to break the lease can I do that?

Also I'm receiving a Voucher from the Section 8 Program and my housing specialist says I cant move until my recertifacation which is in May of 2006,it is now 10/2005.

I think that as unfair since apartment might not be available in 5-6 months.If it helps to know I'm a disabled person.

What recourse of action do I have?

Why is it that I can only move once a year?

Thank you for your help in this matter


Asked on 10/28/05, 11:56 am

1 Answer from Attorneys
Christine Matus Christine L. Matus, Esq., LLC

Re: Signed a 1 Year Lease Time Has Expired and Want to Break it

As for the lease, you can terminate a lease early if the Landlord gives consent or you find a person to take over your lease, again with notice to your landlord. If landlord does not agree, it is a breach where you would be liable for the balance of the lease.

But, the landlord, however has the duty to mitigate damages. That means, the landlord must prove that he did everything possible, once they rec'd notice that you intend to leave, to rent the place out to someone else.

Regarding the Sec 8 housing situation, you should contact the case worker assigned to your case.

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Answered on 10/31/05, 8:05 am


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