We need to move out of state due to job relocation. Our current lease does not appear to have an early release clause or buy out option. Is there way to break a lease and not be sued? Thank you for your time.
The best way is to speak with your landlord and work something out. Otherwise you may be held responsible until he finds a new tenant.
Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
In general, no. If so, then it would obviate the whole reason for a lease. That being said, many leases allow certain notice to get out. If the lease does not have that then you are in a grey area. Technically, it would be very difficult for the landlord to sue you in another state (its not complicated, but it is a process and may not be worth it in the end). he would have to sue you here, then domesticate the judgment where ever you are going. This is not impossible, but its a pain. ALSO, the law requires that the landlord to 'mitigate' his damages. In other words, he has to try to find someone in your place. If you do that before you leave, that will make it VERY VERY hard for the landlord to claim he is damaged. There can be a creative solution to this problem. To the extent that you can get the landlord to work with you on solving the problem - you are way ahead. Your leverage in the negotiation is that you will disappear to another state and he will have to chase you AND by the law he is required to mitigate his damages. GOOD LUCK!
please see disclaimer below.
The above is not meant to be legal advice. I have not reviewed the factual or legal issues that make up your case. The only way I can provide legal advice to you is review your case on a one to one basis. If you do not seek my advice, then I recommend you seek the advice of another attorney who is competent in this area. My writing above does not constitute an agreement to represent you or participate in your case in any manner. Your claim has certain time limits under the statute of limitations in New Jersey. Thus, if you are planning to pursue this claim, you must do so immediately.
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