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I just bought a house in jersey city and am in the procress…

I just bought a...

I just bought a house in jersey city and am in the procress of abandoning my lease

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I'm in the process of making an agreement with the landlord where I pay two months rent and lose my security deposit to end my obligations. the landlord has since changed the locks on the apartment. The rent is paid until 25 March and I assume I still have right of access.

Lawyer's Assistant: Where is the house located?

Jersey city also

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

I am assuming that since they've changed the locks without notice and entered the property without our permission/notice that they have violated the terms of the lease there's no new agreement in place

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Answered in 5 minutes by:
3/22/2018
philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,662
Experience: 10 years experience in the law
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I agree with you it is odd that they changed the locks...is your stuff still in the property?

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Customer reply replied 4 months ago
just a bed frame at this stage

Thanks

Did you have an agreement with the landlord on this? That is, did you pay the 2 months rent to cancel the lease?

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Customer reply replied 4 months ago
no we are waiting for them to draw up the paper work
Customer reply replied 4 months ago
they have been quite specific about rent continuing to accrue
Customer reply replied 4 months ago
they refused to pro rate the rent for march. so it is what remains of march + 2 months + security deposit.

Thanks

I agree, this is breach on the part of the landlord. But before you can "consummate" the breach (before you can consider the lease legally void) you have to give the landlord notice, in writing, and the chance to cure. So write a letter to the landlord, demanding they provide you access. If they refuse? They can can consider the lease void.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

philip.simmons
Category: Landlord-Tenant
Satisfied Customers: 37,662
Experience: 10 years experience in the law
Verified
philip.simmons and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 4 months ago
thanks Philip!

Thank you, ***** ***** of luck...if you get stuck, please respond here (there is no cost for follow on related questions)

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Customer reply replied 4 months ago
hi there
Customer reply replied 4 months ago
I've had this response from the landlord in relation to our discussion

That is an issue...did the LL give you notice and the chance to cure this issue PRIOR to changing locks?

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Customer reply replied 4 months ago
no, we asked for the new agreement to be drawn up and were waiting on it.

I would argue that this is NOT abandonment...you have the keys and some property there AND you are in negotiations with the landlord to resolve this...I would give them notice in writing you have NOT abandoned and demand they change the locks back.

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Customer reply replied 4 months ago
i had told them I was abandoning on the 12th of March

Hmm...that is an issue...

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge.

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Thank you for using the phone option. Please give a call (or let me know if you can not see my #)

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Customer reply replied 4 months ago
Hi Philiplast questions
that wording I mentioned, it seems to be part of a standard.Does that mean it stands whether or not it is in the contract wording?2A:42-5. Holding over by tenant after giving notice of quitting; double rent recoverable
If a tenant of real estate shall give notice of his intention to quit the premises by him held at a
time specified in such notice, and shall not deliver up the possession of such real estate at the
time specified in the notice, such tenant, his executors or administrators, shall, from such time,
pay to his landlord or lessor, his heirs or assigns, double the rent which he should otherwise have
paid, to be levied, sued for and recovered at the same times and in the same manner as the single
rent before the giving of such notice could be levied, sued for and recovered. Such double rent
shall continue to be paid during all the time such tenant shall continue in possession after the
giving of such notice.source: http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/h_o_tent_dble_rnt_law.pdf

Yes...the lease addemdum you are referring to with this language? It is mirroring the state law. So it will apply regardless UNLESS you get them to agree that they are not going to pursue it.

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Customer reply replied 4 months ago
this is the vacate agreement

Yes...that is essentially an addendum to the lease.

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Customer reply replied 4 months ago
ok great thanks. Glad I asked!

:)

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