Q&A: Is it possible to do lease break?
Question by ayu0000: Is it possible to do lease break?
Currently, Im living an apartment style of sharing house. The house (apartment) has 3 floors + a basement. Each floors have 2 or 3 rooms and a bathroom, and only on 3rd floor has a kitchen. Im living on 3rd floor with my friend, and we often cook together. Many people in the house do not seem using the kitchen so much, so basically only we are using the kitchen mainly. We are basically very quiet and do not listen music loud nor have parties in the house at all. However, we are having some troubles with one of my neighbors about noise. She is very sensitive toward noise, and even though we waled normally, she often claimed that we walked loud or cooked loud in the kitchen( she only claim about kitchen). We tried to be quiet as much as possible, but we cannot take away everyday life’s noises. It is so stressful that I have to walk noiselessly ( we have to walk on tiptoe to not make any noises) . Moreover, the girl sometime come to upstairs noiselessly and watch us. It is very creepy. We cannot handle stress any more and want to move out from the apartment. However, my owner said that we made 6 months lease so we cannot get out.
Yet, I remember that I told him Im not sure how long I will stay there, but probably 6 months. And he said “ok, if it is not too short term, it is ok but I will put 6 months for the lease on a contract” and he did not mention about how long I have to stay there exactly, and he did not say that I cannot get out from the apartment earlier than the lease.
And on the contract, there are no rules about lease break either.
It is the copy of whole sentence of the contract
In the town of Morristown in the county of Morris and state of New Jersey, for the term of six months commencing the ninth day of July 2009, and ending the Eighth day of January 2010 at 12 o’clock in the forenoon of that day, at yearly rent of $ 3340 dollars,
payable $ 695 payable on the ninth day of each month.
This apartment is upon the following conditions, all and every of which the Tenant agree to perform and keep. That SHE will pay, the rent at the times aforesaid. That SHE will not assign this lease nor let, or under-let the whole or any part of the said premises, and that SHE will not use them, nor permit any part thereof to be used, for any business or purpose extra hazardous, without the written consent of the Landlord. That SHE will permit the Landlord or my agent to enter the said premises at reasonable hours in the day time, to examine or to make such repairs and alterations therein as shall be necessary for the preservation thereof;and to exhibit them after the first day of notification to vacate to persons, and to put notices “To let” or “For Sale” on the walls thereof. If the premises, or any part thereof, shall become vacant , or deserted, during the said term, the Tenant authorizes the Landlord or his agent to re-enter , without being liable to any prosecution therefor, and to re-let them, and receive and apply the rent first to the payment of the expense of re-entering, and then to the payment of the rent due by these presents. To preserve the said premises, an surrender them at the time aforesaid, in as good condition as the proper use thereof will admit, damages by the elements excepted. And it is agreed that this instrument, on the proper breach of any or its conditions, shall, and at the opinion of the Landlord, may be rescinded ; and that he may recover immediate possession of the premises,” for holding over after the expiration of the term” without any other than this notice of intention of the Landlord to re-enter.
Three weeks notification to Landlord prior to departure. Failure to do so will mean forfeiture of security deposit.
Surcharged subtracted from security deposit if room is vacated on need of cleaning.
No smoking in room, no pets.
Do you think I can move out? If so, how I can persuade my Landlord?
Best answer:
Answer by reenzz
Sorry, but nothing you state is a legal reason to break your lease.
You CAN move out, but you will owe rent until January 8th, 2010 or until a new tenant can be found to take your place.
Know better? Leave your own answer in the comments!