Re: Am I liable to pay penalty?

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Does the lease say anything about if it's re-rented? Usually,
if the premises is re-rented they can't continue to collect
the rent but since you have a contract that says otherwise,
you may want to contact an attorney who does landlord tenant
law to advise you. also, you can ask the landlord to waive
this if he re-rents the place quickly. some will do it, some
won't.
On 1/08/07, M'sta Mikey wrote:
> On 1/07/07, renter123 wrote:
>> 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
>
> Per your lease agreement, you are liable for the fees. It's
> true that the landlord must make every attempt to rerent
> ASAP (mitigate damages) and yes you might get a refund if
> they can re-rent the unit, but it's no gaurantee that you
> will.