Breaking a Lease in New Jersey
Posted by Priscilla
People move into apartments with the intention of fulfilling the lease agreement. However things happen causing the need to break the existing lease.
A few reasons a tenant might break a lease are due to family or personal illness, financial problems or relocation more than 30 miles away from the existing apartment.
When a tenant decides to break a lease he or she must be aware that the landlord is depending upon the rental payments. Sometimes leases have buy out clauses which allow tenants to break the lease without incurring substantial penalties. These early release clauses or buy out clauses are usually fabricated in the favor of the landlord. They do allow a tenant to discontinue a lease but at a cost like the forfeiture of the security deposit. Check the lease before signing to see if there is a buy out clause; it might come in handy later.
If the tenant decides to break the lease, it is best to be honest with the landlord. There are times that the landlord could be willing to negotiate the termination of the lease.
The worst thing a tenant could do is disappear and not contact the landlord. If a tenant disappears, then the tenant has the right to sue for damages. The landlord can also place a lien on any property that remains in the apartment to use as an asset to pay damages.
Landlords in New Jersey are required to ensure a tenant lives in a safe environment. There must be hot and cold water, heat in the winter and no leaks in the roof. If any of these conditions are not satisfied, the tenant has the right to request a repair. If repairs are not made within a reasonable amount of time, the tenant can move to a safer dwelling thereby breaking the lease.
The best thing to do if breaking a lease is the only option is to contact a lawyer. Put all conversations and negotiations with the landlord in writing to protect the tenant and the landlord.
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