East Orange, NJ asked in Contracts and Real Estate Law for New Jersey

Q: I want to break my lease early....and dont have anything in the lease explaining and management is not telling me

Ive called them multiple time and they keep on giving my the run around with who handles the leasing questions. What should I do, everything is over the phone and I do not have a paper trail as they do not answer anything by email

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1 Lawyer Answer

A: A lease is a contract between the owner of property and the party who wishes to occupy or utilize the premises for the purposes and duration agreed to in the lease. The lease then is a contract. Inherent in every contract is the potential of one party to refuse, for whatever reason, unilaterally to adhere to the terms. Every right has a corresponding obligation which give the other party to seek to enforce the terms of the lease (contract) to seek money damages so compensation is received for the losses suffered. As a tenant your potential damages can be determined by the number of months remaining until maturity times the monthly rental. If you choose to unilaterally to vacate the premises, the landlord has an obligation to attempt to mitigate (lessen) damages by finding a new tenant. Should the new rent is greater than your current rent, you receive none of the overage. If less, you will remain responsible for the difference.

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