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    bn69531's Avatar
    bn69531 Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 21, 2012, 10:06 PM
    Lease Breakage... NJ
    Hi,
    I started a lease for my Apartment on Sep 2012 for 1 year in NJ. Now my project got over and I have to go back. But my landloard (it is a company) not allowing me to break the lease.

    1. They are not allowing to accept any notice period.
    2. Not asking for any compensation
    3. Not ready to transfer lease to some one else if I am finding out

    The option they are telling is like, If you want to break the lease, break it and go ahead but we will come after you. And I should be responsible for 8 more months.

    Can anyone please suggest me how can I escape from this situation. Any help will be greatly appreciated.

    Thanks,
    BN
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 22, 2012, 05:09 AM
    You have no choice, they have no obligation to allow you to break it. They can demand that you follow every rule of the lease.

    You may of course just move, and they are required to try and rent it out. You will only owe any penalty or costs and rental on the apartment till they move someone new in. They are required to try and find a new renter after you move out.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Dec 22, 2012, 01:37 PM
    Did you think the project would last a year?

    Why do you think you have a right to break the lease?

    If the landlord won't negotiate a buyout or allow a sublet, then you are stuck. But, as Chuck noted, they are required to make a good faith effort to rent the property. So you can take your chances and just move out. But they can sue you for unpaid rent until they find a new tenant or the lease expires.
    bn69531's Avatar
    bn69531 Posts: 2, Reputation: 1
    New Member
     
    #4

    Dec 22, 2012, 11:10 PM
    Yes, I thought my project will be extended but unfortunately that not happen. Even when I am getting in to the apartment I was new to USA and not aware of all these legal complications.
    Can they keep the apartment without renting the remaining months and sue me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Dec 23, 2012, 05:40 AM
    They have to show that they tried to rent it.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #6

    Dec 23, 2012, 06:21 AM
    I would suggest that you negotiate. They know it will be hard to sue you long distance. If you do really have someone who wants to take over the lease, then have that person submit an application, and you offer to pay an overlapping month or give up your security deposit, or both.
    Some people do a sublet (probably against landlord policy). The new tenant pays you, you keep paying the LL. Very risky for both of you unless you know each other well.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Dec 23, 2012, 06:54 AM
    Quote Originally Posted by joypulv;
    They know it will be hard to sue you long distance.
    Not significantly harder, if they have OP's new address. In many respects it might actually be easier.

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