Home Buying in 07006>Question Details

GERA, Renter in 07006

If a Renter Buys a house in Nj, Is there a law which says he can exit his rental contract by giving few weeks notice since he is buying a house

Asked by GERA, 07006 Sat Oct 1, 2011

a)If a Renter Buys a house in Nj, Is there a law which says he can exit his rental contract by giving few weeks notice since he is buying a house

b) Can we challenge the NJ rental agreement if owner has not provided certificate of occupancy to the tenant

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Hi Sunil,

As we all say.. I am not a lawyer.. blah, blah, blah...

So, you got into a lease to serve your needs for housing, signed a contract with the landlord who, in good faith, gave you his property to live in for an agreed amount... now you decide to buy a home and are looking for ways to get out of your signed agreement with the landlord to break the lease, again to serve your needs. Sound good to you? What if you were the landlord?

Nope, no law I heard of to let you off the hook. Actually the opposite.. the law will hold you to your lease.

How about you approach the landlord and explain your situation and ask the person to understand? Why look for ways to backhand the guy? If I was the landlord and you came to me, I would understand and work out something with you. But the landlord does not have to do so at all.
2 votes Thank Flag Link Sun Oct 2, 2011
Hi Sunil, I secondw John's suggestion - approach the landlord and make an effort to work out an equitable solution. Digging in usually results in the same in response.

Best,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
Web Reference: http://www.feenick.com
1 vote Thank Flag Link Sun Oct 2, 2011
A. There is no "law" which states a tenant can break a lease because he has bought a house. However, you need to check your personal copy of your lease to see if that clause exists. It normally would not be there. If it is not there, you can tell your landlord you would like to break your lease and ask him to start looking for another tenant. If he can find someone, usually, they will let you out of your lease. However, there is no legal obligation for him to do so and you can be held responsible for the balance of your lease.

B. You can challenge your lease if there is no certificate of occupancy. Some towns require it to be posted in the rental, but not all. However, if your landlord never received a c/o, you do not have a legal rental.

If you would like a copy of the truth in renting booklet, email me and I will send it to you. I am not an attorney, but the rental manager at my office. Consult your attorney about these legal matters.
Web Reference: http://www.dianeglander.com
1 vote Thank Flag Link Sun Oct 2, 2011
Sunil,

I'm not a lawyer and this is not legal advice but I, personally, do not know of any such law. The terms of your lease should be the terms set forth in the lease and has nothing to do with you buying a home in New Jersey unless of course your lease has a provision which states that you are allowed to give a few weeks notice. I'm assuming your lease doesn't because if it did, you wouldn't be asking.
1 vote Thank Flag Link Sat Oct 1, 2011
Check your lease over carefully. It should clearly outline the terms. If you signed the lease for a period of time, there are no provisions to allow a renter to exit just because they decided to purchase a home. It's best to ask the landlord to allow you out of the lease early and see if they are willing to do so.
Also review the state booklet "Truth in Renting" for your rights a s a tenant.
1 vote Thank Flag Link Sat Oct 1, 2011
The New Jersey Department of Community Affairs provides a guide to the rights and responsibilities of residential tenants and landlords in New Jersey - Please resource the "Truth in Renting" publication http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t…

Kind regards,

Judith Amorim Dias
http://www.prudentialnewjersey.com/judith.dias
Mobile: 973-444-5643
0 votes Thank Flag Link Sat Jun 2, 2012
Why would you challenge the lease - just to get out of the lease? Notice the words you use - you signed a contract to lease this guys property. Now, you would try and report him to the town for what you suppose is a violation of some sort, just so you can get out of your lease? How would you feel if after signing the lease the landlord came in and tried to find you with violations just so he can replace you with another tenant?

Talk to your landlord and see what he is willing to work out. Be a man about it and tell him your needs have changed and would he work with you.

I am glad you aren't my tenant, I can tell you that.
0 votes Thank Flag Link Sat Apr 7, 2012
If you want to be released from your contract, it will not be due to your need to purchase a property. Read your contract in full and see what exit provisions are stipulated. Communicating with your landlord is a good idea. Explain to him what your situation is - and see if he is willing to re-list the property until there is another substitute tenant. Perhaps you can offer to undertake the costs of the listing. Also, you should try to find a substitute tenant yourself. If you can have someone else take your place as a renter, then you have a good chance of summarily getting out of the contract. Best of luck to you!
0 votes Thank Flag Link Sun Oct 2, 2011
Hi Sunil, I secondw John's suggestion - approach the landlord and make an effort to work out an equitable solution. Digging in usually results in the same in response.

Best,
Jeanne Feenick
Unwavering Commitment to Service, Unsurpassed Results
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Sun Oct 2, 2011
This is not legal advise. Usually the time frame is determined when the lease is written. Did the lease provide any provisions should you have needed to terminate your contract early? if not, perhaps you can speak with the landlord and see if you can work it out .
Good luck...
0 votes Thank Flag Link Sat Oct 1, 2011
Are you saying that the landlord didn't obtain the required c of o, or that he simply didn't provide you with a copy?

I know of no requirement to give the tenant a copy.

If the proper inspection wasn't done - certainly it is something that should be brought to the attention of the town inspector (and landlord), and completed asap.

I doubt this would be cause for you to break your lease, but as others have advised..............ask an attorney!
0 votes Thank Flag Link Sat Oct 1, 2011
Sunil,

A) Check your lease. Most do not have a clause allowing for that. If yours does, then GREAT!

B) This is a question for an attorney. One that seems worth asking.

My question for you is, how much longer do you have left on your lease? Can't you postpone your closing until then?
0 votes Thank Flag Link Sat Oct 1, 2011
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