Am I still responsible for future rent if I give a thirty day notice?
Full Question:
I have been living in an apartment in Wayne NJ for 1.5 years and I have found a new job and must relocate. My lease expires in November 2007 and I have to relocate in June 2007. I have the offer letter from my new employer and all the legal documentation to prove that I will be moving. I have given the employer a 30-day written notice as well.The employer says I am eligible to pay the rent until my lease is terminated if that is the case I will owe him close to $9000 for a house I will not be living in. Do I have any other options?
05/15/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: New Jersey |
#4828
Answer:
The answer depends on the terms of your lease agreement, including the duration of your lease. You should carefully read your lease agreement to determine your rights and obligations as a tenant in terminating your lease.
The applicable New Jersey statutes are as follows:
46:8-9. Three months' notice to tenant to quit sufficient
In all cases where a tenant is or may be entitled by law to notice to
quit the leased premises, in order to determine his tenancy, three
months' notice in writing to quit shall be deemed and taken to be
sufficient.
46:8-9.1. Termination on death
Any lease for a term of one or more years of a property that has been
leased and used by the lessee solely for the purpose of providing a
dwelling place for himself, or for himself and his family, may be
terminated prior to the expiration date thereof, in the event of the
death of such lessee or in the event of the death of such lessee or his
spouse, as the case may be, upon notice duly given by such lessee or by
the executor or administrator of his estate or by the surviving spouse in
the event that such lease was executed jointly by husband and wife. Such
termination shall take effect on the fortieth day following the receipt
by the lessor of written notice thereof, and the rent shall be paid up to
the time of such termination, whereupon the lease shall cease and come to
an end. The property shall be vacated and possession shall be turned over
to the lessor at least five working days prior to the fortieth day
following receipt by the lessor of written notice. The provisions of this
act shall not apply to any lease the terms whereof shall explicitly
provide otherwise.
46:8-9.2 Termination of certain residential leases due to disability.
A lease for a term of one or more years of a property that has been
leased and used by the lessee solely for the purpose of providing a
dwelling place for the lessee, or the lessee and the lessee's family, may
be terminated prior to the expiration date thereof if:
a. the lessee or the lessee's spouse, or both, suffer a disabling
illness or accident provided that the lessee, the lessee's spouse, or
other legal representative provides written notice of termination of the
lease to the lessor and appends thereto (1) certification of a treating
physician that the lessee or the lessee's spouse is unable to continue to
engage in gainful employment; (2) proof of loss of income; and (3) proof
that any pension, insurance or other subsidy to which the lessee or the
lessee's spouse is entitled is insufficient to supplement the income of
the lessee or the lessee's spouse so that the rent on the property in
question can be paid and that the income is necessary for payment of the
rent; or
b. the lessee or the lessee's spouse, or both, one of whom shall be age
62 years or older, is accepted into an assisted living facility, a
nursing home, or a continuing care retirement community provided that the
lessee, the lessee's spouse, or other legal representative provides
written notice of termination of the lease to the lessor and appends
thereto (1) a certification of a treating physician that the lessee or
spouse is in need of services provided by the assisted living facility,
nursing home, or continuing care retirement community and (2)
documentation that the lessee and spouse have been accepted into an
assisted living facility, a nursing home, or a continuing care retirement
community, or
c. the lessee or the lessee's spouse, or both, one of whom shall be age
62 years or older, is accepted into housing reserved for occupancy by low
or moderate income households, as that term is defined pursuant to
section 4 of P.L. 1985, c. 222 (C. 52:27D-304), provided that the lessee
is not currently residing in low or moderate income housing and that the
lessee, the lessee's spouse, or other legal representative provides
written notice of termination of the lease to the lessor and appends
thereto documentation of a lease or intent to lease from the facility or
housing sponsor, or
d. the dwelling place is not handicapped accessible by a lessee or a
member of the lessee's household who suffers a disabling illness or
accident, provided that written notice of termination of the lease is
given to the lessor by the lessee, the lessee's spouse or other legal
representative or other adult family member, which shall include: (1)
certification from a licensed physician that the lessee or a member of
his household is handicapped and that the handicap is likely not to be of
a temporary nature, and (2) a statement that the lessor has been asked to
make the dwelling unit accessible to the lessee or to a member of the
lessee's household at the lessor's expense and was unable or unwilling to
do so. For purposes of this section, "handicapped" shall mean any person
who would be considered a handicapped person pursuant to the definition
in section 1 of P.L. 1949, c. 280 (C. 39:4-204).
Terminations pursuant to this section shall take effect on the fortieth
day following the receipt by the lessor of the written notice, and the
rent shall be paid up to the time of termination, at which time the lease
shall cease and come to an end. The property shall be vacated and
possession shall be turned over to the lessor at least five working days
prior to the fortieth day following receipt by the lessor of written
notice.
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph "a."
of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has
been terminated by the giving of 3 months' notice to quit, which
notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated
by the giving of 1 month's notice to quit, which notice shall be deemed
to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or
from month to month, has been terminated by the giving of one term's
notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that
the notice herein required has been given.