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murtazapen · Sep 18, 2006, 05:51 AM

I started a lease in Hackensack, NJ in May 2006. My job then required me to move to MD in August 2006. The lease had no cancellation clause and I am required to continue paying rent until the apartment is re-rented (a re-rental fee was required) or until my lease runs out.

Is there a provision in NJ that allows a tenant to get out of a lease after paying a certain penalty if the move is required by work? It is not like I am moving because I don't like the place anymore... Please help!

ScottGem · Sep 18, 2006, 05:55 AM

Have you spoken to your company? They may have a Relocation program that includes compensation for such things. Most multi-location companies do.

I doubt if there is anything in NJ T/L laws (or any state for that matter) that would address this issue. There is a sticky not at the top of this forum to posts with links to NJ T/L statutes that you can check.

But your best bet is the company relocation policy.

Cvillecpm · Sep 18, 2006, 06:37 AM

What Scott said... most states don't have any type of "get a new job or transfer your job and get out of your lease clause"... if this was a possibility with your employment, you should have negotiated it up front with apt mgmt.

murtazapen · Sep 18, 2006, 08:03 AM

Thanks for the responses guys. My company pays up to two months rent towards breaking a lease and no more. I am looking at paying 9 to 10 months in total... if there was a lease break clause that allowed me to get away with paying two months rent, I would have been covered!

I do know MD has a state law that allows a person to break a lease (after paying a certain penalty) if moving because of work. All you got to do is provide a letter from your employer saying you are being moved. I will check the sticky for NJ and see if it has such a provision, although I haven't come across it yet from other sources I pursued.

ScottGem · Sep 18, 2006, 08:17 AM

With the housing market in NJ, I doubt that the apartment would remain vacant for too long. You do need to check that the landlord has made a good faith effort to rent it. If they haven't let them sue you for the balance of the rent and then show they haven't tried to re-rent.

I am surprised the MD has such an out clause. What is the penalty?

Cvillecpm · Sep 18, 2006, 08:44 AM

The MD law you refer to may be for government employees only. Military personnel can break leases if they are called to active duty or their base changes.

murtazapen · Sep 18, 2006, 10:10 AM

No, I did break a lease in Frederick, MD in April 2006. I had to pay 2.5 months rent as a penalty, but all Ih needed was a letter from my employer saying I was being sent to NJ for a different project. Note that this would not work if I was voluntarily signing up with a different employer - in this case I had no choice so they didn't unfairly penalise me. My employer reimbursed me for 2 months rent and I paid the half month out of my pocket.

The landlord insists they are making a good faith effort to re-rent the place. Says they have specials on it and so on... so I don't know how to prove they aren't trying hard enough.

ScottGem · Sep 18, 2006, 10:47 AM

First, that may have just been the landlord, not MD law. Second, have you already moved or when are you moving. Ask the landlord for where the unit has been advertised or listed.

Seems your employer has you moving a lot, you might want to make shorter term leases.

murtazapen · Sep 18, 2006, 11:58 AM

Yeah, I guess I was wrong there then. I assumed it was an MD law since all landlords in the area offered it with slightly varying penalties. Guess they were just being competitive.

Secondly, I have already moved out of NJ in July. When I called up to make a rent payment for August, I was told by the landlord to not worry about it as the apartment was re-rented (don't have it in writing though). Then I was suddenly hit with a bill two days ago for the entire rent I will be responsible for if the apartment stays vacant for the rest of the term. I am told the prospective tenant backed out and since he never occupied the premises, I am responsible for the rent. I am trying to hold them to the verbal communication but they know I don't have a leg to stand on. Therefore, I am looking for a second way out.

I will make the enquiry with my landlord and also have some friends call up asking for an apartment to see if mine is offered to them, if there really are any specials and so on...

Lastly, I always look for short term leases or leases with cancellation clauses. But I since I drive around a lot on the job, I try to keep my commute to a minimum. All places at a reasonable distance to work did not offer short terms or cancellation clauses, and the couple that did were way out of my budget. But yeah, I know the precariousness of my situation and I always try to mitigate it first.

ScottGem · Sep 18, 2006, 12:09 PM

Ok, First, I would not pay them anything more. There is a question about whether the prospective tenant signed a lease or not and then backed out (which would let you off the hook). I would also check with local realtors about vacancy rates in the area. You might also consider trying to sublet it.

murtazapen · Sep 18, 2006, 12:56 PM

I am not allowed to sublet it. Although I have interested parties from my post on Craigslist and such, I am required to send them to the landlord, they will be checked for credit and such and they will then be required to sign a year long lease. Which eliminates a couple of interested people right off the bat.

I was told the prospective tenant had signed the lease but never sent it back and never occupied the premises. Or something like that... but this definitely gives me hope!

ScottGem · Sep 18, 2006, 01:06 PM

How do they know they signed the lease if they don't have a signed copy? If they found one tenant so quickly, why can't they find another?

murtazapen · Sep 19, 2006, 03:58 AM

I am going up to NJ on Thursday and talking to the landlord face to face. The guy never even picks up the phone and returns messages at leisure... it is very aggravating! Don't know what I hope to achieve, other than yell at his face. But let's see... thanks for all the advice Scott! I'll go about gathering info on rental rates in the are and see what the landlord is doing to re-rent the place. I'll let you know how it turns out.

Cvillecpm · Sep 19, 2006, 05:51 AM

A landlord will tell you there is no TENANT until a lease is signed and the move-in monies are paid.

The burden is on you to prove the landlord/mgmt is NOT doing all that is necessary to re-rent the property and offering yours with any kind of "move-in specials" would mean that you would have to make up any discounts equal to those being offered on the mgmt units that are available.

FYI - if they don't have your forwarding address, they can serve you at your vacant apt, get service AND get a default judgement against you.

Stay in touch, get the names of who you are contacting/talking to and be pleasant.

murtazapen · Sep 19, 2006, 07:50 AM

Thanks Cvillecpm for the input there... I did not know that a 'special' would entail me having to make up the balance. As for my forwarding address, they do have it so that is taken care of. I am trying really hard to keep my cool and maintain a concilliatory tone, but they really piss me off by not answering the phone and not responding to voicemails... I am definitely doing my due dilligence to get this issue resolved and I am keeping a journal with the dates and times I call and the people I speak with, just in case this goes to litigation. But I really can't do much if they won't respond!

nascentnut · Aug 14, 2007, 08:57 PM

Actually, the burden of proof lies with the landlord. The must provide evidence (receipts for ads, etc.) or they've lost their entitlement to any unpaid rent.