North Bergen, NJ asked in Real Estate Law for New Jersey

Q: Tenant wants to pay only half month of tent because he is moving out in the middle of month. Is this allowed under COVID

Lease expires at the end of month

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1 Lawyer Answer
Peter A. Michael
Peter A. Michael
  • Jersey City, NJ
  • Licensed in New Jersey

A: Under executive order 128, a tenant can use their security deposit to pay rent, so that may be an option to offer your tenants. Furthermore, if a tenant leaves with a balance, you may deduct that balance from the tenants security deposit. But it is CRUCIAL to send your tenant a security deposit return notice which states the amount of their security deposit and what is being deducted and for what cause.

So be sure to gain your tenants new address so you can send them the notice and the remaining balance of their security deposit. Furthermore, if your tenants have already exhausted their security deposit and are leaving mid month so they are only seeking to pay half the months rent, under the lease they are obligated to pay the full month. Therefore, you do have a legal contractual claim in court for the remaining balance. Hire an experienced attorney in this area. Feel free to give me a call to discuss your options! Best of luck!

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