A lot of tenants who sign a full lease have the intention to stay for the full term. However, unplanned things can happen in life that can force a tenant to request an early lease termination. Breaching the terms found in a written contract has its consequences. Most of the time, a tenant may be penalized for ending a lease early. Despite this fact, there are reasons that the law allows a tenant to break a lease agreement. While a lease agreement is meant to protect the property owner, there are laws to protect tenants when they want to end their lease before the set time. As a landlord or property owner, you need to understand what these valid reasons are and how to address early lease terminations. Let’s take a look at some of the reasons a tenant can legally vacate before the end of the lease term.
Job Transfer
This is a common reason why most tenants are forced to terminate their leases early. Most people do not have control over their job transfers. Some state laws require landlords to accept early lease termination for this reason. As a landlord, you should include a provision in your lease agreement when offering early termination options that require paying a penalty fee. This way, your tenant is aware of this fact when signing the lease before they move in. Working with an experienced realtor who knows the state laws regarding early lease termination will allow you to include other clauses in your contract that will protect you and your tenants.
Loss of Employment
As a landlord, allow your tenants to talk to you freely about challenges that may be facing in life. If a tenant has lost their job and is unable to continue paying their rent, show compassion. It does not make sense for the tenant to continue living in the apartment only for them to accrue the rent money. Instead of going through an arduous and expensive process of getting a debt collector involved or pursuing an eviction, it is best to work with your tenant to find a solution.
Unsafe Rental Unit
All landlords and property owners are obligated to provide safe and habitable rental units. If your unit does not meet both state and local housing codes, a tenant can be granted constructive eviction by the court system. The tenant is not responsible for any monthly payments after this but he is still required to follow proper procedures while moving from an inhabitable rental unit.
Military Deployment
Another reason a tenant is legally allowed to back out of their lease agreement is if they are called back to active military duty. Under federal law, landlords are required to accept an early lease termination without repercussions when provided with written notice of intent. The tenant is however required to give the landlord a 30-day notice but still has to pay for that month’s rent. Early lease terminations can be tough to handle. The only way to protect yourself and property in New Jersey is to have a properly written lease with the help of an experienced realtor. Use your realtor to re-rent the unit as soon as possible and be sure to go through the screening process to ensure the applicant meets all of your criteria.
