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murgie · Jan 26, 2009, 12:28 PM

1. I have an annual lease in Summit, NJ, that ends Aug 31, 2009. Have been renting here since Sept 1, 1998 (i.e. more than 10 years) with annual renewals.

2. Wrongly assumed I needed only to give 30 days' notice. Didn't realize the 30 days' notice was only for renewal or non-renewal, and not for vacating.

3. Just bought an apartment nearby, closed on Jan 13, and plan to move in Feb 1. Had given what I thought of as notice for vacating on Dec 28, 2008.

4. Now realize the real meaning of the 30 days' notice clause, and am scared to death at the prospect of having to also pay another 7 months' rent.

5. The apt I've bought will be my first and primary home. In Delaware, I gather that there is a law that lets a tenant to break a lease provided the move is to one's own primary home, and not to another rental. Is there such a law in NJ? Please help. Thanks. Best,

Murgie Krishnan

this8384 · Jan 26, 2009, 12:45 PM

What does your lease say regarding a vacancy notice? Most states have a 30-day notice policy, although you may have agreed to a longer notification period.

As far as I'm aware, purchasing property does not void your original contract, which is your lease.

If you broke the lease early, most states require a landlord to make a good effort to re-rent the property. If they cannot, then you will have to pay each month's rent as originally agreed upon. However, if the landlord does find a new tenant, then you will not have to pay.

ScottGem · Jan 26, 2009, 12:51 PM

As far as I know, no state allows you to break a lease to move to a home. If you have a specific cite for this Del law, I'd like to see it.

That being said, you have 3 options;
1) negotiate a buyout with the landlord. If you have been a good tenant for 10 years, there is a chance they will be willing to let you out of the lease for a small payment, usually 2 months. Maybe less.

2) sublet. If your lease allows you can find someone to subket the aprtment for the balance of the term.

3) find a replacement. As noted a landlord has to make a good faith effort to rent the unit. They can't just sit on it and collect rent from you. So if you find them a viable tenant, then your obligation ends.

But, you will be responsible for the balance of the lease until they release you.

murgie · Jan 26, 2009, 01:12 PM

My brother has lived in Delaware since 1985, and this was what the landlord there himself noted as he let him break his lease -- though he did charge him a penalty (his security deposit). -Murgie

this8384 · Jan 26, 2009, 02:11 PM

That's what the landlord said; that doesn't mean it's state law. Your brother's landlord may just be really nice. How long ago was it that he broke the lease?

Someone else asked about this same thing a week or two ago; no one has been able to locate a law that states you're able to break a lease to move into your own property.

murgie · Jan 26, 2009, 02:15 PM

Originally Posted by this8384

That's what the landlord said; that doesn't mean it's state law. Your brother's landlord may just be really nice. How long ago was it that he broke the lease?

Someone else asked about this same thing a week or two ago; no one has been able to locate a law that states you're able to break a lease to move into your own property.

It was way back in the 1980s. Am also trying to find an alternate tenant through Craigslist. But with the NYC economy in a shambles, that's not proving very easy either.

this8384 · Jan 26, 2009, 02:17 PM

Like Scott pointed out, you might be able to work something out with your landlord. S/he might be willing to negotiate for you to pay just a few months rent, rather than the rest of the lease term. Have you talked to them about this?

murgie · Jan 26, 2009, 02:25 PM

Originally Posted by this8384

Like Scott pointed out, you might be able to work something out with your landlord. S/he might be willing to negotiate for you to pay just a few months rent, rather than the rest of the lease term. Have you talked to them about this?

The last meeting with the apt manager was amicable. He said when his boss came back from Florida next week, he would 'see what he could do.' He was sure there would be a penalty, and in following other posts today on this site, I understand that's par for the course. I just hope I don't get hit with everything.

ScottGem · Jan 26, 2009, 02:52 PM

I just checked Delaware law and saw nothing that would let a tenant terminate early unless the landlord didn't provide a habitable premises or the tenant was in the military and be redeployed.

murgie · Jan 28, 2009, 04:46 PM

Originally Posted by murgie

It was way back in the 1980s. Am also trying to find an alternate tenant thru Craigslist. But with the NYC economy in a shambles, that's not proving very easy either.

I got an informal opinion from a lawyer who is NOT a real estate lawyer, and I want to see if someone here has a more clear opinion.

My Craigslist post has got some attention, and at least a couple of people were in an intensive email exchange today about the possibility of moving into my current apt. To reduce my own uncertainty, I was trying to help them by seeing if my landlord would lease to them for just the balance of my term. When I met the apt manager (tougher to deal with than landlord who's rarely around) he sharply said he would never agree to a sub-lease or a lease for just the balance of my lease term, but would insist on a full-year's fresh lease with possibly higher rent. The contract merely states that any arrangement different from the original arrangement (sub-leasing, assignment of lease, etc) must be done with the landlord's consent.

My friend told me: breaking the lease means you are open to penalty. But the landlord also has an obligation to show that he has been making a serious effort to re-rent the place.

Now if the landlord refuses to lease for just the balance of the term, or at the older and possibly kinder terms, won't he run the risk of not being able to insist on levying a penalty on me? Is there some way potential tenants can use my situation to bargain for better terms with the landlord, which would help me get more people interested in moving into my old place. If the place remains un-rented because the landlord's eyes are bigger than his stomach, will I still be liable for a big penalty? Is the law clear in a matter like this? Thanks. Best,

Murgie

ScottGem · Jan 28, 2009, 08:00 PM

As we have been saying the landlord does have to make a good faith effort to re-rent. However, insisting on a new full term lease is not unreasonable, In my opinion. So I don't think refusing a short term lease would release you from your obligation

ivarkoolz · Sep 15, 2010, 12:26 PM

Murgie,
I am interested to know what happened in your case since I am also going through the same situation in NJ now.