Lease Break - NJ - Need help
Received below email from landlord, what are my options?
We indicated that we will forgo the 1.5 M deposit for this early lease break. They are expecting a 3 M rent now and if they do not get a tenent after that, again pay the rent for those months. My worry is that if we give them the money, they may not pro-actively look for a tenent at all, as the rent price we were paying was comparitively higher than the area houses average.
We have not formally given a notice.
We had to move becuase of job. past rental histories are excellent with each of 4+ years of stay, and just htis one with less than 6 months stay.
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We reviewed our options with our lawyer today with regard to your breaking the rental lease.
As per the lease contract you signed on 09/14/14, you are liable to pay the entire lease amount, unless we mutually agree to a reduced amount.
First of all, for us to enable re-rent the townhome, we need you to state to us in writing that you have moved out of the property specifying a certain date. Please send us a letter stating that as soon as possible.
Your rent continues to be due by the 1st of the month (March 1st). If we do not receive the rent by the 5th of the month, you are liable to pay late charges at the rate of 10 dollars day. You also remain liable for all the utility charges until we resolve this issue. I must also remind you that snow clearance is also your responsibility. According to NJ laws, we have the right to sue you for unpaid rent in NJ courts. You will be required to travel to NJ to attend the hearings. If the judgment goes against you, you will be liable for unpaid rent as well as the legal costs incurred by us. We also can inform the major credit bureaus about the unpaid rent, which can potentially affect your credit ratings.
WE assure you that it is our intention to pursue all the legal avenues that are available to us. We are hoping to avoid all this by getting to an acceptable resolution as soon as possible.
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Answer
To the extent that you leave prior to the lease expiration date you are liable to the landlord for the balance of the rent. However, the landlord has the obligation to mitigate his damages. He has to take commercially reasonable steps to attempt to relet the unit. In the event he relet the property for less, you are liable for the difference.
As to liability for the landlord's attorneys fees, if that's what the lease provides, you may be liable. If you entered the lease after December 2013, and it contains that clause, the landlord also may be liable to you should you prevail on your claims. It is my suggestion that you retain counsel to negotiate with the landlord.
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