might have to breakmy lease

[Hellen]

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).]

 

[Tracey]

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.

 

[Hellen]

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

 

[Tracey]

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.

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

 

[Hellen]

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

Helen