Philadelphia, PA asked in Landlord - Tenant for New Jersey

Q: Tenant signed lease, failed to take possession or pay deposit or rent. Does an agreement exist? I want to cancel it.

Signed December 1. Intent to take possession Jan 1.

Been 3 months. No rent, deposit, and tenant never got keys or moved in. Does agreement exist and does tenant have rights? I want to cancel agreement and rent to someone else who will take possession and move in

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Since rent has not been paid, to be on the safe side, file an action in Court for possession based on non payment of rent. The Court will issue a Warrant for Removal. The tenant will not have a cause of action against you for wrongful eviction because of your self-help action.

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