Legal Question in Real Estate Law in New Jersey

Can I break a 12 month NJ apartment lease when I find a job out-of-state?


Asked on 3/14/13, 7:54 am

2 Answers from Attorneys

Michael Lindner Lindner Law LLC

The reason why you break a lease, is for the most part, irrelevant. You are obligated for the entire team of the lease unless there are specified clauses that provide options to exit the lease.

That doesnt mean that you are 100% obligated to pay the rest of the lease - the landlord has an obligation to try and re-rent the property - and as soon as the landlord accomplishes that, then you are no longer responsible. Some landlords will work with you, some if you give them notice, will start right away (and need to) to get it re-rented and if they are succcessful, then you can exit the lease without penalty.

However, as with almost all areas of the law, this answer is only a generalized answer to your question. For more specific and reliable answers, I would need at a minimum, the lease to review.

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Answered on 3/14/13, 9:03 am
Walter LeVine Walter D. LeVine, Esq.

In general, Mike is correct, if there are no clauses in the Lease about this. You have not provided the Lease for review nor have you specified how many months remain under the Lease. Anticipate that you may be responsible for the entire balance of the term, but this may be negotiable as the Landlord has some responsibility to mitigate his damages by re-renting ASAP. owever, you could also be responsible for any damages to the property and costs of fixing up for a new tenant, so no guess can be made how much this may finally cost you.

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Answered on 3/14/13, 11:59 am


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