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Can I terminate Lease Contract that Landlord Broke? Landlord failed to have Unit ready by move in date.
Anonymous6 views5 answers
I would like to break a lease contract that the landlord has violated.
I signed a lease about a month ago for an apartment, and provided security deposit.
The lease was to begin on the first of this month,but the landlord has failed to make a number of repairs, clean the construction materials out of the unit, as he said he would complete by the move in date, as well as having pending inspections for the town to say the unit is habitable. As such, I have never occupied the unit and would simply like to break the contract, get my security back, and walk away. The landlord seems like trouble and I'm trying to steer clear of what looks like a pending troublesome situation.,
I want to be sure what I'm planning to do is within my rights. The lease is a boilerplate NJ lease agreement.
There is not going to be an easy answer for you in that the landlord will likely disagree with your representation of what the situation is. If that is the case, or if he refuses to give you back the security deposit, it will likely wind up in court. If the contract includes landlord fees for his attorney in a lawsuit, then you would be able to recover your fees should you win as well.
I agree with Mr. Popovich. You should confirm that the CO for the apartment was not issued and then check with an attorney to review the lease. You can then decide if it is worth fighting it out in court. OF course, if the landlord tries to re-let the place while you are fighting, this would indicate his agreement to abandon your lease, and this would limit any possible damage you might have to pay if the court rules against you.
Steven Todd KepplerLitigation LawyerSomerville, NJ ·
I concur with my colleagues: the proper (and lawful) action here is to demand possession of the leased premises under the terms of the contract and your landlord will have a reasonable time to cure. If he can't, then he's in breach. In the meantime, you'd have to figure out where to live for a short period of time and you'd be entitled to a reduction in rent for the lost days. Ultimately, this probably ends up in either the landlord/tenant division or small claims for a damages suit.
It's a terrible way to begin a new lease, I feel for you. Best of luck
I think my colleagues all gave you good advice. I would just add from the tone of your post you seem to want to rent elsewhere and not resolve or let the landlord cure. Again, I have not read your lease and so this is just a hypothetical based on the info you have provided. If you are positive that a c of o has not been issued and your move in date and the term of your lease commencement date has also passed, then simply send a letter to the landlord stating all the terms he has breached in his lease and demand your security deposit back. Send the letter registered mail return receipt so you have proof of when he received. If he does not return and fights you on it, then simply go to www.njcourtsonline.com and print out complaint to file in small claims court if it is under $3,000, in special civil if it is over $3,000 and under $15,000. You can find these forms under Self Help Center on the menu bar of the home page. You do not need to file in Landlord Tenant court when suing for security deposit you can sue in special civil.
