In New Jersey, breaking a lease agreement by a landlord is not as simple as it may seem. State law offers protections to both tenants and landlords. If you are a tenant who believes your landlord has broken your lease, it is important to know your rights. You may be able to take legal action or seek compensation. Consulting with a local attorney or tenant advocacy group to understand your legal options and how to navigate the process is advisable.
Early Termination Fees
The amount of the early termination fee varies depending on when the tenant terminates the lease—whether before the 12th month, after the 12th month but before the 24th month, or after the 24th month.
- Before the 12th month: Two months’ rent, $50.
- After the 12th month but before the 24th month: One month’s rent, $50.
- After the 24th month: $50.
| Month Lease is Terminated | Termination Fee |
|---|---|
| Before 12th month | Two months’ rent, $50 |
| After 12th month but before 24th month | One month’s rent, $50 |
| After 24th month | $50 |
Landlord’s Right to Terminate
Generally, in New Jersey, a landlord cannot break a lease unless there is a breach of the lease agreement by the tenant. However, there are a few exceptions to this rule. Here are some circumstances where a landlord may be able to terminate a lease in New Jersey:
1. Material Breach of Lease:
- The tenant has caused substantial damage to the property.
- The tenant has failed to pay rent on time and in full.
- The tenant has engaged in illegal activity on the property.
- The tenant has violated the terms of the lease in a way that materially affects the landlord’s rights.
2. Non-Payment of Rent:
- The tenant has failed to pay rent for a period of time specified in the lease agreement.
- The landlord has provided the tenant with a written notice of non-payment and the tenant has failed to pay rent within a specified time period.
3. Violation of Lease Terms:
- The tenant has violated a provision of the lease agreement, such as causing damage to the property, disturbing other tenants, or engaging in illegal activities.
- The landlord has provided the tenant with a written notice of the violation and the tenant has failed to cure the violation within a specified time period.
4. Landlord’s Right to Sell or Demolish:
- The landlord has the right to sell or demolish the property, in which case the landlord must provide the tenant with a written notice of termination.
- The tenant is entitled to receive compensation from the landlord for the termination of the lease.
5. Eminent Domain:
- If the property is taken by eminent domain, the landlord’s right to terminate the lease is governed by the terms of the eminent domain statute.
Additional Information:
- In New Jersey, all residential leases must be in writing.
- The terms of the lease agreement will govern the landlord’s and tenant’s rights and responsibilities.
- Landlords should always consult with an attorney before terminating a lease.
| Grounds for Termination | Requirements |
|---|---|
| Material Breach of Lease |
|
| Non-Payment of Rent |
|
| Violation of Lease Terms |
|
| Landlord’s Right to Sell or Demolish |
|
| Eminent Domain |
|
Material Breach of Lease Agreement
In the state of New Jersey, there are several grounds on which a landlord can break a lease with a tenant. One of these is a material breach of the lease agreement by the tenant.
A material breach is a violation of a term or condition of the lease that is so serious that it goes to the heart of the landlord-tenant relationship. It is a breach that:
- Substantially impairs the value of the property,
- Prevents the landlord from enjoying the benefits of ownership,
- Makes it impossible for the landlord to perform his or her obligations under the lease.
Examples of material breaches that may allow a landlord to break a lease in New Jersey include:
- Non-payment of rent
- Causing damage to the property
- Creating a nuisance
- Subleasing or assigning the premises without the landlord’s consent
- Using the premises for an illegal purpose
If a landlord believes that the tenant has committed a material breach of the lease, he or she must give the tenant a written notice of termination. The notice must state the specific grounds for the termination and give the tenant a reasonable time to cure the breach.
If the tenant does not cure the breach within the time specified in the notice, the landlord may file an eviction lawsuit against the tenant. If the landlord is successful in the lawsuit, the court will issue an order requiring the tenant to vacate the premises.
| Grounds for Termination | Notice Required | Cure Period |
|---|---|---|
| Non-payment of rent | 14 days | 5 days |
| Causing damage to the property | 14 days | 10 days |
| Creating a nuisance | 14 days | 10 days |
| Subleasing or assigning the premises without the landlord’s consent | 14 days | 10 days |
| Using the premises for an illegal purpose | 14 days | 0 days |
Non-Payment of Rent
In New Jersey, a landlord can break a lease if the tenant fails to pay rent. The landlord must first give the tenant a written notice of the non-payment. The notice must state the amount of rent that is due, the date the rent was due, and the date by which the rent must be paid.
If the tenant does not pay the rent by the date specified in the notice, the landlord can file a complaint with the court. The court will then issue a summons to the tenant, requiring them to appear in court. If the tenant does not appear in court, the landlord may be granted a default judgment, which will allow them to evict the tenant.
In some cases, a landlord may be able to break a lease for non-payment of rent without going to court. This is only possible if the lease contains a provision that allows the landlord to do so. If the lease does not contain such a provision, the landlord will need to go to court to evict the tenant.
Consequences of Eviction for Non-Payment of Rent
- Damaged credit score
- Difficulty finding a new place to live
- Loss of personal belongings
- Legal fees
- Court costs
In some cases, a landlord may also be able to sue the tenant for damages. This is only possible if the lease contains a provision that allows the landlord to do so. If the lease does not contain such a provision, the landlord will not be able to sue the tenant for damages.
| Grounds for Eviction | Notice Required | Time to Pay Rent |
|---|---|---|
| Non-payment of rent | 14 days | 3 days |
| Violation of lease | 30 days | Not applicable |
| Illegal activity | 24 hours | Not applicable |
| Nuisance | 30 days | Not applicable |
Alright, folks, that’s all she wrote on the topic of landlords breaking leases in the Garden State. Thanks for sticking with me through all the legal jargon and whatnot. I know it can be a bit dry, but it’s important stuff to know if you’re a renter or a landlord. If you have any more questions, feel free to drop a comment below, and I’ll do my best to answer them. Otherwise, keep an eye out for more landlord-tenant law deep dives in the future. Until then, keep calm and lease on!