Breaking a lease

[getmeout]

I am in NJ and have broke a rental lease. The landlord has advertised the apartment and had found someone to move in. The new tenant signed the new lease, gave the deposit and I moved out. Before the new tenant moved into te apartment, they said they had changed their mind and can't move in. The landlord is now teling me that I am still responsible for the my part of the lease. I was under the impression that as soon as the new tenant signed the lease, gave the deposit , and I was gone that I would be fine.

 

[seniorjudge]

What agreement did you have in writing?

Did the landlord release you from your lease?

Were you completely out after the new lease was made but before it was broken?

Did you get your deposit back?

 

[acmb05]

I am in NJ and have broke a rental lease. The landlord has advertised the apartment and had found someone to move in. The new tenant signed the new lease, gave the deposit and I moved out. Before the new tenant moved into te apartment, they said they had changed their mind and can't move in. The landlord is now teling me that I am still responsible for the my part of the lease. I was under the impression that as soon as the new tenant signed the lease, gave the deposit , and I was gone that I would be fine.

Landlord is required to mitigate damages when a tenant breaks a lease early. From what you wrote that is what the landlord did by advertising and signing a new lease with a new tenant. It is not your fault that new leasee defaulted on it.

From my perspective you were released from your lease at that time and new tenant would be responsible for his new lease.

 

[MIRAKALES]

A legal tenancy does not take place until tenant actually takes possession of the premises.
The LL right to retain financial payments (due to lost rent for failure to occupy) is separate from the official tenancy commitment which occurs once tenant has received the keys and possession of premises. In order to create a legal tenancy, all lease terms must be met, including financial obligations and legal possession of premises. The tenant (YOU) in possession of the premises remains liable for the existing lease terms and conditions until the premises are vacated and occupied by new tenant.

 

[FarmerJ]

I agree with AC , when the LL accepted a deposit on the apt & had a new signed lease , it was taken off the market and that should end your obligation. If the LL did not get a first months rent or even a partial first months rent along with the deposit TOO bad. The new tenant signed a legally binding lease, the LL can go after them for breaching it!

 

[LeeHarveyBlotto]

I also agree with acmb05. I don't know where MIRAKALES is from, but that's not the law in my state (and more importantly, the OP's state).

 

[acmb05]

A legal tenancy does not take place until tenant actually takes possession of the premises.
The LL right to retain financial payments (due to lost rent for failure to occupy) is separate from the official tenancy commitment which occurs once tenant has received the keys and possession of premises. In order to create a legal tenancy, all lease terms must be met, including financial obligations and legal possession of premises. The tenant (YOU) in possession of the premises remains liable for the existing lease terms and conditions until the premises are vacated and occupied by new tenant.

Wrong a lease is a lease whether they actually move in or not. They signed it and paid deposit/rent therefore they are the new tenants.

 

[acmb05]

A legal tenancy does not take place until tenant actually takes possession of the premises.
The LL right to retain financial payments (due to lost rent for failure to occupy) is separate from the official tenancy commitment which occurs once tenant has received the keys and possession of premises. In order to create a legal tenancy, all lease terms must be met, including financial obligations and legal possession of premises. The tenant (YOU) in possession of the premises remains liable for the existing lease terms and conditions until the premises are vacated and occupied by new tenant.

A legal tenancy takes place the moment the lease is signed.

Now you gave this advice on another thread which contradicts the advice on this thread.

The law allows LL to legally retain the entire month’s rent in forfeiture of the breached agreement, premises upgrades and modifications, etc. Tenant agreed to move in and take possession of premises by a specific date. LL agreed to make premises available and give possesses ion by a specific date. Tenant modified the agreement by requesting a later move-in date. Tenant is responsible for the entire month’s rent to compensate LL for lost revenue.

Review the laws regarding landlord / tenant housing issues to be certain of LL’s legal rights and responsibilities. The use of phrases such as “I feel…” “…some damages” “in principle” “my gut tells me…” and “…or maybe all of it…” confirm uncertainty of the law on the LL’s part. Tenant has accessed that LL does not know the laws and may be uncomfortable with the level of professionalism. Advise tenant that the deposit is forfeited due to tenant's breached agreement to move-in as agreed by November 1, 2008.

Now if according to you on this thread

A legal tenancy does not take place until tenant actually takes possession of the premises.

Then the other poster would not be responsible for the first half months rent because they had not taken possession yet so they can't be charged for it.

 

[seniorjudge]

...
A legal tenancy does not take place until tenant actually takes possession of the premises.
...

Not true in the United States....

 

[ecmst12]

Two people can't owe rent for the same time period. The new tenant signed a lease and so definitely owes, therefore you do not.

 

[Ozark_Sophist]

Two people can't owe rent for the same time period. The new tenant signed a lease and so definitely owes, therefore you do not.

Aside from costs, OP does not.