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NNJRenter · Jul 10, 2008, 05:39 AM

Hello I was wondering if there was a way to break out of a lease in NJ without being held accountable for the remaining months on the lease. The history to this question: the land lord is living in the basement apartment of the rental (one family house) which I am paying for the water and electric of the house. During the interview process prior to renting it the realtor (which was the previous tenant) mentioned to me since the land lord is living in the basement and is using electric to cool the apartment he would give 100 dollars towards the electric bill to help with the utilities. This was all done verbally and never written in the lease (my mistake - first time renter). Also since he lives in the basement I do not have access to it so basically I am using one of the bedrooms for storage. At the same time I do not have access to the garage nor the driveway.

What I am trying to find out is him living in the basement apartment and me paying for his electric usage & water bill legal. It does not state anywhere on the lease that the basement is off limit. Also I though that basement apartments in North Bergen NJ were illegal.

JudyKayTee · Jul 10, 2008, 06:19 AM

Originally Posted by NNJRenter

Hello I was wondering if there was a way to break out of a lease in NJ without being held accountable for the remaining months on the lease. The history to this question: the land lord is living in the basement apartment of the rental (one family house) which I am paying for the water and electric of the house. During the interview process prior to renting it the realtor (which was the previous tenant) mentioned to me since the land lord is living in the basement and is using electric to cool the apartment he would give 100 dollars towards the electric bill to help with the utilities. This was all done verbally and never written in the lease (my mistake - first time renter). Also since he lives in the basement I do not have access to it so basically I am using one of the bedrooms for storage. At the same time I do not have access to the garage nor the driveway.

What I am trying to find out is him living in the basement apartment and me paying for his electric usage & water bill legal. It does not state anywhere on the lease that the basement is off limit. Also I though that basement apartments in North Bergen NJ were illegal.

If you want to know if the basement apartment is illegal you must call your local Housing Inspector - even if basement apartments are legal that particular basement apartment may not be inspected.

Unless the lease says you have access to those areas (basement, garage, driveway), you are not entitled to use them. Does the lease say something about "whole house" or just "apartment?"

And all the terms of the lease are legally contained in the lease - verbal agreements/understandings do not count.

I don't see grounds to break the lease here because I don't see the terms of the lease being broken by the landlord.

Maybe I need more info -

ScottGem · Jul 10, 2008, 06:35 AM

Sorry but you are stuck. Maybe, if the basement apartment is an illegal accessory apt, you could get the landlord in trouble. But I don't know if that would let you out of your lease and you might get into trouble for renting such an apartment. Do you really want screw the landlord that badly?

NNJRenter · Jul 10, 2008, 06:48 AM

Thank you for replying... looking at the lease it states it as the Lot number and block and then referres to it as the address. In no way does it state it as an apartment. Also looking further into the lease there is a section where it states what the tenant is responsible for repairs and maintainece there is a section that states " (b) Keep and maintain the Premises annd grounds in neat, clean, safe and sanitary condition. Vehicles may be driven or parked only in the driveway or garage" With him storing items in the garage and putting his work vans in the driveway does that not violate the lease. I know it is something very small and petty. However I do feel that I was mislead in the beginning and I will take some fault for not being more savey at looking at the agreement since this is my first rental.

Hello ScottGem,
No I do not want to screw the landlord in fact I am trying to find someone to rent it from him. Also I am not renting out the basement apartment.. he is living in it... I am stuck paying for his portion of the utilities. It was a bad deal for me and I am just trying to get myself out of.

ScottGem · Jul 10, 2008, 06:56 AM

Well you could go to him and tell himther lease gives you use of the garage so he needs to clean it out. If he refuses then you might have grounds for breaking the lease.

Without knowing how much you are paying I don't know if this is a bad deal or not.

NNJRenter · Jul 10, 2008, 07:07 AM

Hello ScottGem

It is a one family house that is two levels, 3 bedrooms, 1.5 bath, living, dinning room and kitchen for 1700.

rockinmommy · Jul 10, 2008, 07:17 AM

So if he would pay you the $100 per month for utilities you'd be happy? Do I understand that right? You haven't said if you asked him to? What's his response?

From your description of the lease, it does in fact sound like you're leasing the entire property... basement, garage, driveway, etc.

Here's what I'd do: (IN WRITING) Write him a letter stating the verbal agreement with the realtor that he would be paying you $100 monthly. From the time you moved in he now owes you $XXX. Give him instructions as to how he should pay you. Maybe offer to adjust the rent if that would be acceptable to him. (If so, get it in writing) Also state that it has come to your attention that according to the lease, you are actually leasing the entire property with NO special provision for him to occupy any part of it. What would he like to work out regarding this? If, in fact, you want out of the lease state to him that you'd like to be released from the lease (again... if he agrees GET IT IN WRITING! ) on that basis.

I'm sure you get the idea. It basically all boils down to what's in the lease, assuming the lease is in line with your state's landlord/tenant property code. (See sticky at the top of the forum with a link to your state.)

ScottGem · Jul 10, 2008, 07:21 AM

$1700/mth for a 3 bedroom house in North Jersey is not a bad deal, even if you pay for the owner's utilities and don't get to use the garage or basement.

JudyKayTee · Jul 10, 2008, 07:24 AM

Originally Posted by rockinmommy

So if he would pay you the $100 per month for utilities you'd be happy? Do I understand that right? You haven't said if you asked him to? What's his response?

From your description of the lease, it does in fact sound like you're leasing the entire property...basement, garage, driveway, etc.

Here's what I'd do: (IN WRITING) Write him a letter stating the verbal agreement with the realtor that he would be paying you $100 monthly. From the time you moved in he now owes you $XXX. Give him instructions as to how he should pay you. Maybe offer to adjust the rent if that would be acceptable to him. (If so, get it in writing) Also state that it has come to your attention that according to the lease, you are actually leasing the entire property with NO special provision for him to occupy any part of it. What would he like to work out regarding this? If, in fact, you want out of the lease state to him that you'd like to be released from the lease (again....if he agrees GET IT IN WRITING!!) on that basis.

I'm sure you get the idea. It basically all boils down to what's in the lease, assuming the lease is in line with your state's landlord/tenant property code. (See sticky at the top of the forum with a link to your state.)

You can't enforce a verbal agreement outside the lease - the lease is interpreted to be within the 4 corners of the written agreement - at least in NYS - and you can't enforce it retroactively. The realtor MAY have had the authority to speak for the owner but I wouldn't be positive of that. Realtors very often say what it takes to sell or rent property. You MAY have grounds to sue the realtor and then the realtor MAY bring in the owner.

If you are certain that you are leasing the ENTIRE property and he has no right to live in the basement you could break the lease on those grounds - you are paying for the entire house but not receiving what you pay for.

You can try, of course, but before you do anything I think you have to decide if you want to be evicted for real grounds, made up grounds, whatever.

And if you find out the basement apartment is legal but you continue to reside there you have accepted that situation and you will lose that basis to leave - so if it is illegal you would have to be prepared to make the next step.

rockinmommy · Jul 10, 2008, 07:53 AM

Originally Posted by JudyKayTee

You can't enforce a verbal agreement outside the lease - the lease is interpreted to be within the 4 corners of the written agreement - at least in NYS - and you can't enforce it retroactively.

I agree. You can't enforce it, but you can ask for it. And ask that he pay back to the move-in date. It wasn't clear from the OP's info if he has even asked for the money, or if he's just looking for ammo to try to get out of the lease.

NNJRenter · Jul 10, 2008, 08:00 AM

At first I was just thinking of getting the money to cover the cost of usage of the utilities that he is using. But now that I have been thinking he might give me the money but then turn around and go crazy in using the utilites to go over the 100 dollars. So all I am looking for is for information on how to get out of the lease.

I do have a question in the lease it does state about me sub-leasing --- I am not allowed to do it. But if he rents it out to someone else wouldn't they have to sign a lease and that would get me out of mine.. correct?

ScottGem · Jul 10, 2008, 08:10 AM

You can't break the lease, but he can let you out of it. He can do this if you present him with a satisfactory tenant.

rockinmommy · Jul 10, 2008, 08:16 AM

Originally Posted by NNJRenter

At first I was just thinking of getting the money to cover the cost of usage of the utilities that he is using. But now that I have been thinking he might give me the money but then turn around and go crazy in using the utilites to go over the 100 dollars. So all I am looking for is for information on how to get out of the lease.

I do have a question in the lease it does state about me sub-leasing --- I am not allowed to do it. But if he rents it out to someone else wouldnt they have to sign a lease and that would get me out of mine..correct?

Ok... you haven't been very specific about one thing. Your interaction with the owner. Are you having a combattive relationship with this guy? Or have you discussed all of this with him? Is he difficult, or are you just assuming he's going to be difficult to deal with? Does he deny owing for the utilities? Or have you just not ever even approached him about any of this?

If he signes a new lease, yes, that would void yours. Just to be safe, I personally would get a signed release stating that your lease is null and void and you have satisfied all requirements.

From my landlord-ly perspective, it feels like you've just changed your mind about wanting to live here, and now you're trying to finagle a way out of the lease. If your issue is the utility money, ask him to pay it and move on down the road.

NNJRenter · Jul 10, 2008, 08:58 AM

The landlord is a reasonable guy, so far anything that I needed fixed he has done it within a reasonable time frame. I might have made a rash choice in taking this lease for personal reasons however when the keys were given to me the house was not handed over to me in a sanitary conditions. I had to get a cleaning crew to come in and assist me in cleaning the house. I should have saw that as a sign cause we both did a walk through and he was shocked on how the previous tenants left the house. He apologized for the condition but never once offered to help in cleaning or to get a cleaning company to come in and clean up.

I was too much of a nice guy and ate up the cost in cleaning it as well as the time I myself put in cleaning what the crew did not get to. Yes you can say I am looking to get out of this lease but at the same time I am trying to find someone to take it over this way it does not leave him in a bad situation. Although I am looking out for my best interest first.

JudyKayTee · Jul 10, 2008, 09:14 AM

Originally Posted by NNJRenter

The landlord is a reasonable guy, so far anything that I needed fixed he has done it within a reasonable time frame. I might have made a rash choice in taking this lease for personal reasons however when the keys were given to me the house was not handed over to me in a sanitary conditions. I had to get a cleaning crew to come in and assist me in cleaning the house. I should have saw that as a sign cause we both did a walk through and he was shocked on how the previous tenants left the house. He apologized for the condition but never once offered to help in cleaning or to get a cleaning company to come in and clean up.

I was too much of a nice guy and ate up the cost in cleaning it as well as the time I myself put in cleaning what the crew did not get to. Yes you can say I am looking to get out of this lease but at the same time I am trying to find someone to take it over this way it does not leave him in a bad situation. Although I am looking out for my best interest first.

Then I think you have to sit down and talk to him, tell him why you are dissatisfied/unhappy, feel you have been and are wronged - if there is some way he can correct things, ask for that; if it's beyond that, see if you can break the lease.

I'm pretty straight forward and to the point - although I'm pretty sure nobody HERE has ever noticed that! - and so I'd put my cards on the table and give the landlord that same opportunity.

I don't recall - how long have you been there?

NNJRenter · Jul 10, 2008, 09:15 AM

Been there 6 months

rockinmommy · Jul 10, 2008, 09:16 AM

Originally Posted by NNJRenter

Yes you can say I am looking to get out of this lease but at the same time I am trying to find someone to take it over this way it does not leave him in a bad situation. Although I am looking out for my best interest first.

Thanks for answering and being honest! ;)

He sounds reasonable. I'd have a talk with him. I'd STILL ask him to pay his portion of the utilities if it was me. (I would think the risk of him retaliating and running up the utilities is VERY low.) Tell him what you want to do. Be clear that you're not going to leave him in the lurch. I bet the two of you can work together and find a replacement. I'd think the more up-front you stay with him, the better he'll be to work with.

As a landlord (and not all landlord's agree with this by a long shot), I always try first to correct problems so people WANT to stay. If that doesn't work I try to "help" them out of their lease amicably. That doesn't mean there won't be some expense or lost deposit, etc for them. But I try to "help" them out of it. That way they're less likely to get disgruntled and cause problems. If all of that doesn't work or they're not "helping" back when I try to help them, I'll go after someone in court if I've suffered damages. This is, after all, a business. In the long run I'd rather have happy tenants who want to be living in my proerty, rather than ticked off people who are there, just STUCK in a lease they don't want to be in. I find that's when damage is likely to occur, bad mouthing to other tenants, a whole plethera of problems. It takes a little extra effort on my part (as opposed to just saying, "nope, you have a lease, suck it up"), but in the long run it saves lots of time and trouble. Hopefully that will be his attitude, as well.

NNJRenter · Jul 10, 2008, 09:24 AM

Yes I totally agree with you that it is a business. That is why I am trying to find someone to come in and rent the place. If I was in his shoes I would not want someone to drop it on me and then just walk. Also he has seen how I have been keeping the rental.. he had made jokes about me being a little bit to obsessed with the cleaning cause I do work during the day, have a side business myself and then work out so I can do most of the cleaning on the weekends (which I try to enjoy myself) but mainly at night. So he hears the vacuum cleaner and washer going... which is rare for a single male to do allot of cleaning.

This posting was to get information, it might have sounded that I wanted to sneak out but it came out wrong. I wanted to know what rights I had and what could happen. As I said this is my first time on my own... before it was with roommates so it was not bad.

Guess I was trying to see what would have been my last resort option if I wanted to get out of the lease if talking with him did not work out.

rockinmommy · Jul 10, 2008, 09:30 AM

Originally Posted by NNJRenter

Guess I was trying to see what would have been my last resort option if I wanted to get out of the lease if talking with him did not work out.

Well, honestly, if it comes down to it I think you may have a case - from what you've stated. It sounds like you're leasing the whole house, no exceptions noted. And the fact that he's living in it and using other parts could definitely be a breach of the lease on his part.

Doubt it will come to that. You seem willing to make it right. Unfortunately many tenants AREN'T. They just bail.

Good luck. Let us know what happens!

rockinmommy · Jul 10, 2008, 09:32 AM

Originally Posted by NNJRenter

This posting was to get information, it might have sounded that I wanted to sneak out but it came out wrong. I wanted to know what rights I had and what could happen. As I said this is my first time on my own....before it was with roommates so it was not bad.

I didn't necessarily think you were trying to sneak out. It just seemed like maybe there was more of an issue besides just the utility payments.