Posted by renter123 on 1/07/07

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Hi all,

I am new to this forum and was hoping that you guys could
give me some insight on the tenant rights in NJ.

My wife and I leased an apartment in July of last year for a
1 year lease. Unfortunately, we might have to vacate the
apartment at the end of Feb due to job reasons.

The lease contract has a clause in it that says:

If the tenant wishes to terminate the lease before the end
of the term, the landlord, at his option, will agree to a
release in accordance with the following schedule and
payment of the required fee at least 30 days in advance of
the termination date which will be considered liquidated
damages.

Termination during 1st nine months = 2 months rent
Termination during the last three months = 1 month rent

Since end of Feb is only 8 months, we will end up paying 2
months extra

But I read the following online at LSNJ Law
http://www.lsnjlaw.org/english/place...five/index.cfm

If a tenant moves out before the lease ends, the landlord
must try to re-rent the apartment. This means that in order
to recover rent for the months left on the lease, the
landlord must prove that he or she tried to find another
tenant but could not. The landlord must show, for example,
that he or she immediately began advertising the apartment
and interviewing tenants. Cite: Sommer v. Kridel, 74 N.J.
446 (1977).

Do we still owe 2 months rent? Or if the landlord finds a
new tenant, we might get our refund back?

Thank you for reading and we would appreciate your responses.
renter123

Re: Am I liable to pay penalty?, 2/09/07, by Nate.

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