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NJ - Gave 60 day notice to landlord, but I changed my mind after 10 days

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tenant_12345

Junior Member
New Jersey
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Hi,

I gave the 60 days notice to my landlord, by email without any signature.

They found a new tenant quickly. When I tried to rescind that notice after 10 days and say that I would be staying until the end of my lease. They said I can't because they found someone else.

Is there anything I can do in this situation?
 


latigo

Senior Member
New Jersey
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Hi,

I gave the 60 days notice to my landlord, by email without any signature.

They found a new tenant quickly. When I tried to rescind that notice after 10 days and say that I would be staying until the end of my lease. They said I can't because they found someone else.

Is there anything I can do in this situation?
Yes, all you need is a plutonium powered DeLorean time machine.
 

PayrollHRGuy

Senior Member
If the LL decides to take legal action based on the text the OP would have to say he didn't send such a text. Hence the perjury.
 

Zigner

Senior Member, Non-Attorney
If the LL decides to take legal action based on the text the OP would have to say he didn't send such a text. Hence the perjury.
Email, not text.

Does an email count as valid notice in the OP's case?


ETA: He wouldn't have to say he didn't send the email, he'd just have to say that it wasn't valid notice in the first place.
 

reenzz

Member
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.
 

Zigner

Senior Member, Non-Attorney
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.
Now we just have to figure out if the OP gave proper notice per the lease and/or state law.
 

tenant_12345

Junior Member
Now we just have to figure out if the OP gave proper notice per the lease and/or state law.

Proper notice was given. There is actually 50 days of notice period left.
At the end of those 50 days, I am officially subject to pay a payment equal to 2 months of the monthly rent.

None of this is in writing in the lease. But this is their lease breaking policy.

The landlord will likely not charge this, under the unique circumstances + since they have likely found higher-paying tenants. Therefore I guess my best option is to leave without any financial loss.
 

Zigner

Senior Member, Non-Attorney
Proper notice was given. There is actually 50 days of notice period left.
Your email may not qualify as "proper notice". HOWEVER, it sounds to me like you should plan on moving, as mentioned above. Sorry for the side-tracking there, but since both parties seem to agree that notice was given, you're probably out of luck.

At the end of those 50 days, I am officially subject to pay a payment equal to 2 months of the monthly rent.
Quite possibly - if that's what a court decides.
 

PayrollHRGuy

Senior Member
Email, not text.

Does an email count as valid notice in the OP's case?


ETA: He wouldn't have to say he didn't send the email, he'd just have to say that it wasn't valid notice in the first place.
Seems that everything necessary to form a contract in NJ is present.
 

xylene

Senior Member
You could offer the landlord money to stay.

NOT that they have to agree, but you know at the least you have to compensate the new tenant.

Also - you can expect to never be trusted in the remote chance they let you 'undo' this.
 

tenant_12345

Junior Member
You could offer the landlord money to stay.

NOT that they have to agree, but you know at the least you have to compensate the new tenant.

Also - you can expect to never be trusted in the remote chance they let you 'undo' this.

It wouldn't be worth the huge expense, I only planned to stay a few additional months anyway.

Sometimes you have no choice but to end a lease. Life events can change also.
 

HRZ

Senior Member
IF the law requires written signed notice then alternate delivery of unsigned electronic messages may not count ?
 

Zigner

Senior Member, Non-Attorney
IF the law requires written signed notice then alternate delivery of unsigned electronic messages may not count ?
That's where I was going, but I think that it's clear that both parties are in agreement that notice was given and accepted.
 

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