I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
In 1977 the NJ Appellate court ruled: “… that a landlord does have an obligation to make a reasonable effort to mitigate damages in such a situation.” Sommer v. Kridel, 378 A.2d 767 (N.J.1977).
What this means is that you must attempt to re-rent the unit and if you do the obligation of the tenant to pay rent ends and you need to reimburse them the remainder of advanced rent or security deposit.
So you simply need to try to rent the place out. You will be able to charge the tenant for advertising expenses and rent until you have a paying tenant in the unit.
Scenario A: The tenant moved out in the middle of their lease, but have paid this month. Can I rent an apartment in the middle of the month and charge the new tenant for the reminder of the month? Can I let them be in the apartment for free for the rest of the month? If you rent mid-month, you must return the remainder to the tenant who broke the lease.
Scenario B: The tenant moved out a couple of days after the 1 year rental lease started. In the middle of his move in, he repacked and emptied the apartment. Have not returned the keys, have not given me any written notice, except the text that he wants his 1st month, last month and security deposit back. His lease is a 1 year lease, and he needs to give a 60 day notice, if he doesn’t want to renew the lease. Again, you have an obligation to try to rent it and if you can and there is money left over, you must return it to the tenant. The law does not allow you to keep any kind of a penalty for then tenant having broken the lease.
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I wish you and yours the best in 2015,