One of the few things in life that you can actually count on is change—you may sign a lease with specific plans—to take a new job, go to school or just be out on your own. But then the unexpected happens. Are you bound to the lease? Are there circumstances where you can legally break the lease without being responsible for the remaining months? Here’s an overview of when you can do that in New Jersey.

As a general rule, when you sign and enter into an agreement to rent an apartment, you are responsible for the rent, regardless of whether you continue to reside on the property. Here are the exceptions:

• The apartment is not safe or is in violation of state health or safety codes or laws—There’s a warranty of habitability that comes with an apartment. If the landlord fails to provide premises that are “habitable” under local and state housing regulations, you can consider yourself “constructively evicted,” and get out of the lease. You must follow specific rules, however, to do this.
• You join the military on active duty—Federal law allows you to break a lease if you enlist in the armed forces of the United States after signing a lease. You are required to provide your landlord with written notice of your intention to terminate the lease and you must state in the notice that you are doing so because you are going on active duty.
• There is evidence of domestic violence—If you or your children have been victims of domestic abuse, you can terminate a lease early. You may be required, however, to obtain a protective order.
• You need to move to assisted living or a nursing home—If you have suffered an illness or accident that necessitates assisted living or nursing home care, and you are at least 62 years old, you may be allowed to terminate a lease early, but will likely have to produce a doctor’s letter verifying your need to move.

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At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

In an earlier blog, we addressed the situations where you can legally terminate a lease before the end of its term without being responsible for the remaining months. But what if none of those situations is applicable? Can your landlord just let the property sit vacant (without making any effort to find a new tenant) and demand payment from you every month?

The Landlord’s Duty to Mitigate Damages

For tenants in New Jersey, there’s good news. Under the common law in New Jersey, a landlord must take reasonable steps to find a replacement tenant, regardless of why you broke the lease. The important word is “reasonable” and it applies to both the time frame when the landlord initiates actions to re-rent the property and the actual methods the landlord uses. It’s not necessarily expected that the landlord will take out advertisements and post signs the day you give notice of your departure. However, if there’s a dispute about the time the landlord took to begin the process, a court will ask whether it was reasonable.

The landlord does not need to change the terms of the lease simply to find a tenant. For example, there’s no requirement that the landlord lower the monthly rent or lower credit standards. In addition, your landlord can charge you for any costs of re-renting the apartment.

It’s important to understand that you are technically liable for the rent due for the remainder of the lease term. However, any rent that your landlord receives from another tenant must offset any amount you still owe on the lease.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.