[AvantiVideo]

Tenant wants to break lease. If we do not cancel the lease, he threatens to sublet the apt. Our lease stipulates no subletting without our written permission. He claims that he is being recalled to active duty in Naples, Italy. However, he has not shown any proof and has recently changed firms. He is an attorney and says he'll let the NJ courts decide this. We have put the apartment on the market, and are willing to cancel the lease once the aprtment is rented. Can he just decide to leave?

[ScottGem]

No, and don't let him intimidate you. If he is being recalled to active duty, then he should be able to show proof and you should (as a patriotic gesture) allow him out of the lease. Some states do make that law, though I don't know if NJ is one of them.

Tell him that since the lease prohibits subletting, you will take action against him if he does sublet. Inform him that you have put the apt back on the market, but will hold him responsible for the rental until you find a suitable tenant.

[landlord advocate]

Great care on this one! I take it he is in the United States military. If that is the case, YES, he can break the lease with a 30 day notice. It is called the Sailors and Soldiers Act. Ask to see a copy of his orders. If he has them, all he has to do is give you a 30 day notice. He'll win this one, no question.

[AvantiVideo]

NJ law requires a registration statement for tenants. Does the complete registration information - mortgage info, addresses, etc. or just the certificate be posted.

[AvantiVideo]

Breaking of Lease - if tenant refuses to provide copy of orders recalling hime to overseas active duty - what is the next step?

[ScottGem]

You need to sue him for breach of contract. In the meantime you advertise and try to find a new tenent. Once the unit is re rented you amend the suit to cover your losses while the unit was not providing income.