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What are options on termination of a lease in an unsafe area?

What are options on termination of a lease in an unsafe area?

Full question:

My son entered into a one year lease on Monday. It is now Thursday and he feels the area is unsafe. What are his options as far as terminating the lease? What will he have to pay? What are the damages?

Category: Landlord Tenant
Subcategory: Residential Lease
Date: 04/07/2025
State: New Jersey

Answer:

We cannot give legal advice. The following is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Most likely, your son is going to be stuck with this decision for the year. There are some possibilities, but all are unlikely unless the landlord decides to be very nice. Your son's options, if any, will be governed by the language in the lease, which is a legal agreement and contract.

If he simply breaks the lease and moves out, he will be on the hook for the entire amount of the rent for the year. This may be mitigated if the landlord is able to re-lease the dwelling. But the landlord may not be obligated to do this, or may have other empty dwellings to lease instead. He could sue your son for the entire amount.

If your son was able to sub-lease the dwelling (if the lease allows this, which it may not - or it may allow it, but require the landlord's permission) then someone else (the sub-lessee) would in essence be paying the rent and your son could find other lodgings.

It's possible that your son could just talk to the landlord, and give some reason for having to move away. If the landlord (the actual owner is who you'd need to talk to) is friendly, your son could possiby make a deal, for example offering to pay an extra month's rent to give the landlord time to re-let the dwelling - this would be far short of the full 12 months amount he is currently on the hook for. However, the landlord may not agree.

You should contact various tenant's rights organizations in New Jersey. They may be very helpful. They may also direct you to a low-cost attorney to give you an analysis and more ideas.

Try the following links:

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm

http://www.state.nj.us/dca/codes/lt/pdf/t_i_r.pdf

http://www.lsnj.org/selfhelp.htm

Good luck.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Will breaking a lease hurt your credit?

Breaking a lease can potentially hurt your credit if the landlord reports the unpaid rent or sends the account to collections. If you leave without paying the remaining rent, the landlord may pursue legal action, which could also lead to a judgment against you. This judgment can appear on your credit report and negatively impact your credit score. It's advisable to communicate with your landlord to negotiate a resolution that minimizes damage to your credit.

Do I have to pay rent if my apartment is uninhabitable?

If your apartment is deemed uninhabitable, you may not be required to pay rent. Landlords are typically obligated to maintain safe and livable conditions. If the property is uninhabitable due to significant issues, you may have the right to withhold rent or terminate the lease. However, it’s important to document the issues and notify your landlord in writing. Consulting with a local attorney or tenant's rights organization can provide guidance specific to your situation.

What happens if I walk away from a lease?

Walking away from a lease can lead to significant financial consequences. You may be held responsible for the remaining rent due under the lease until it ends. The landlord could also take legal action to recover unpaid rent or damages. If you leave without notice, it may also negatively affect your credit score if the landlord reports the debt. It's best to discuss your situation with the landlord to explore possible options.

What is the best excuse to break a lease after?

While there is no universally accepted 'excuse' to break a lease, valid reasons may include unsafe living conditions, job relocation, or personal emergencies. If you have legitimate concerns about safety or habitability, document these issues and communicate them to your landlord. They may be willing to negotiate an early termination of the lease. Always check the lease terms for any specific clauses that may apply.

When someone takes over your lease?

When someone takes over your lease, it’s typically called a lease assignment or subleasing. This process usually requires the landlord's approval. The new tenant assumes your obligations under the lease, and you may still be liable if they fail to pay rent or cause damages. It’s important to review your lease agreement for any specific terms regarding subleasing and to get the landlord’s consent in writing.