might have to breakmy lease

Hi,

Getting the chance to purchase a townhouse - a deal I do not want to
pass up. However I am currently renting in New Jersey and my lease states as follows:

"The lease is for one year. Tenant understands that the Chaeteau Condo Association permits the landlord to rent said apartment for one year at a time
and that this lease shall remain in effect should tenant vacate the apartment prior to the expiration of this lease."

What rights do I have. If I break the lease am I stuck with having to pay for
the whole year? or do I have options?

Thanks for the help.

Helen


[This message has been edited by Hellen (edited July 16, 2000).]

You are responsible for the rent if you leave. However, if you leave & inform L you are breaking the lease & to re-rent the apt, L has to make all reasonable efforts to re-rent the apt because L has a duty to mitigate damages. What does your lease say about subleases? Can you just find a sublettor? This is better than trying to get L to do it for you. Another option would be to buy the condo & rent it out until your lease expires.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

Thanks for the info. I thought as much.
Just one more question - this still applies even though this is a condo and
a condo association is involved?

Unfortunately it dosen't mention subleasing and buying this place is definately out of the question.

Thanks Helen

Condo status is irrelevant. Why can't you sublease? If your lease doesn't mention subleasing, you can sublease without even telling anyone! (You remain liable for the rent & damages, so make sure you get a deposit & the sublessor is gainfully employed.) The association can't stop you, and if it tries to prevent you from subleasing, you have a very good argument that they can't collect ANY money from you & you can just walk away from the condo.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

Very good point... Thanks a lot - I can sleep a LOT better now.

Helen