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I currently have a one year lease that is up in August. I…

Hello. I currently have...

Hello. I currently have a one year lease that is up in August. I want to move out early and break lease but landlord is telling me I cannot. I am concerned because I don't want to pay when not living here

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New jersey

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

There are roaches in the. Holding, which wasn't disclosed to me when I moved in. The landlord is proactive on extermination

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm willing to give my deposit up and just not be liable for remaining months.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

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Answered in 1 minute by:
3/19/2018
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,243
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Is there any provision in the lease allowing for early termination?

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Customer reply replied 4 months ago
I have a copy, but the wording is hard for me to understand

What does it say?

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Customer reply replied 4 months ago
It doesn't say much about breaking the lease

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.

So, you have a few options. First, you can try to negotiate a lump-sum settlement of the remaining balance on the lease.

Next, you can try to find a new tenant to either be a subtenant or assignee of your lease.

Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.

The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails.

With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.

I am sorry. I wish I could tell you otherwise, but I do not want you incurring further liability and spinning your wheels.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 4 months ago
Thank you

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,243
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
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Loren
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Satisfied Customers: 39,243
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Experience: Attorney with 30 years of experience representing landlords and tenants.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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