Breaking a Lease Early in New Jersey

Last Updated: July 14, 2023 by Phil Ahn

In New Jersey, a tenant can end a fixed-term lease early, without penalty, if one of several conditions is met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.

1. Active Military Duty

According to federal law, a tenant can break a lease early due to military duty. Tenants who are active service members and are relocated due to deployment or permanent change of station may break a lease early
[1]
. The protection begins on the date on which the tenant enters active duty and ends between 30-90 days after the date of discharge.

What Qualifies as Military Duty?

To qualify to break a lease early in New Jersey for military duty, all of the following conditions must be met
[2]
: 

1. Servicemember Status. A tenant must be an active-duty member of the military, Reserve, National Guard (mobilized under federal orders for more than 30 consecutive days), or be a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration. 
2. Deployment. The tenant must receive a permanent change of station (“PCS”) order or deployment order for a period of at least 90 days.
3. Prior Signed Lease. A tenant must have signed the lease prior to active military service.

How to Prove or Verify Military Duty

To prove or verify military duty in New Jersey, a tenant must give the landlord both of the following:

1. A military ID (example)
2. Permanent Change of Station (PCS) orders (example) OR a letter from the tenant’s commanding officer (example)

If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying the tenant’s active duty status. However, the landlord must create an account to use the Record Request.

How to Terminate a Lease Due to Military Duty

To terminate a lease early for military duty, a tenant must provide a landlord written notice and proper documentation. However, the lease does not terminate immediately. Once notice is delivered, the earliest a tenant can terminate is 30 days after the beginning of the next rent period.

For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.

2. Early Termination Clause

In New Jersey, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease.

An early termination clause allows a tenant to terminate a lease early in exchange for paying a penalty. Generally, an early termination clause allows a tenant to break a lease anywhere from 30-60 days after providing notice.

Early Lease Termination Agreement

If a lease does not contain an early termination clause, and both the landlord and the tenant would like to end the lease, they may agree to a “mutual termination.” In this case, the landlord and tenant write down the terms of the termination agreement, sign the agreement, and comply with the agreed upon terms to terminate the lease.

3. Domestic or Sexual Violence

In New Jersey, a tenant can break a lease early, without penalty, due to domestic or sexual violence. New Jersey law protects tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse so long as the tenant can provide the landlord with proof of the abuse
[3]
.

What Qualifies as Domestic Violence?

In New Jersey, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:

1. It is committed against the tenant or child of a tenant by a household member
2. It is intended to result in harm, injury, or sexual assault OR it reasonably places the victim in fear of imminent harm or assault

How to Prove or Verify Domestic Violence

A tenant can prove or verify domestic violence by providing the landlord with one of the following:

• Documentation of the stalking, assault, or abuse from a licensed healthcare provider or someone who is otherwise qualified
• A copy of a court issued:
  • Temporary injunction
  • Temporary ex parte order
  • Protective order or
  • An order of emergency protection

The court documents are not public record and a landlord cannot request the documents from the court. However, the orders are official court documents signed and stamped by a judge. To verify a landlord can look at a list of current judges in the state.

To further verify if the court documents are legitimate, a landlord may call the court and ask the clerk to confirm the issue was ordered.

Documents from a licensed healthcare provider or someone who is otherwise qualified will be signed by the healthcare provider. While the provider will not talk to the landlord about incidents leading to the documentation, a landlord may call the provider to verify the validity of the document.

How to Terminate a Lease Due to Domestic Violence

To terminate a lease early for domestic violence in New Jersey, a tenant must provide the landlord with the proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.

4. Uninhabitable Living Conditions

In New Jersey, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are true:

1. Certain health and safety codes are not met
2. The tenant notifies the landlord about the issue
3. The landlord fails to make repairs within a reasonable time period
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What Qualifies as Uninhabitable Living Conditions

New Jersey law sets forth specific instances that qualify as uninhabitable living conditions. To start, a unit must fail to meet certain physical health and safety standards under the implied warranty of habitability that are not a result of the tenant’s actions or negligence.

Here are a few examples of habitable living conditions in New Jersey:

• Child-protected windows and guards
• Carbon monoxide and smoke detectors
• Sanitary fixtures and appliances
• Reasonable amounts of hot water and reasonable heat
• Maintenance of electrical and plumbing systems

Any situation that materially affects an ordinary tenant’s physical health or safety makes that rental unit uninhabitable.

To break a lease for uninhabitable conditions, the tenant must notify the landlord. The notice must be in writing and list the uninhabitable conditions. The landlord must fix the issues within a reasonable time.

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How to Prove or Verify Uninhabitable Living Conditions

In New Jersey, to prove or verify uninhabitable living conditions, a tenant must show all of the following:

1. Proof of the issue (i.e., a photo)
2. Proof the tenant gave notice of the issue to the landlord (i.e., certified mail)
3. Proof the issue remains

Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.

How to Terminate a Lease Due to Uninhabitable Living Conditions in New Jersey

To terminate a lease early because of uninhabitable living conditions, the tenant should send the landlord a letter stating that they are terminating for failure to resolve the conditions and, if possible, proof of both the violation and notice requesting repairs.

If the landlord disputes the legitimacy of the uninhabitable conditions, they may file a complaint for a “declaratory judgment” with the New Jersey District Court asking whether the unit is truly uninhabitable.

5. Tenant Death

In New Jersey, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of the lease
[5]
.

What Qualifies as Tenant Death?

Under New Jersey law, a tenant’s death does qualify as a legitimate reason to terminate the lease so long as the tenant who signed the lease was the sole occupant over the age of 18. In the event of minors living with the deceased, the landlord will work out details with the minors’ new legal guardian(s).

How to Prove or Verify a Tenant Death

To show proof or verify tenant death, the estate may provide the deceased tenant’s death certificate to the landlord or a landlord may request a tenant’s death certificate from the New Jersey Department of Health.

The personal representative of the deceased tenant’s estate, also known as an executor or administrator, should provide the landlord with a copy of the tenant’s will or a court order naming the person and describing their role as a representative of the estate.

How to Terminate a Lease Due to a Tenant Death in New Jersey

In New Jersey, in order for a representative of the estate to terminate a lease early due to tenant death, they must provide the landlord with written notice within a reasonable time after the death. Then the representative must remove the tenant’s belongings from the property. Finally, the representative must sign an inventory of the removed property.

Termination of the lease is not effective immediately. The lease becomes a part of the tenant’s estate and will be managed by the executor of the estate. Therefore, it is up to the executor of the estate to either continue paying the rent for the full term or returning possession of the rental premises and terminating the lease.

If released, the tenant’s estate will still be liable for any past-due rent and any damages to the premises that are beyond normal wear and tear. Until the lease is fully terminated, the tenant’s estate will still be responsible for rent.

6. Unenforceable or Voidable Lease

In New Jersey, a tenant can break a lease early, without penalty, if there are unenforceable clauses or provisions that make the lease voidable
[6]
. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.

What Qualifies as an Unenforceable or Voidable Lease

In New Jersey, a lease would be deemed unenforceable or voidable if any of the below are true:

• A tenant was forced to sign the lease under duress. Duress means there is coercion through physical force or an unlawful threat that eliminates one’s free will to do what they want.
• The party signing the lease is a minor. In New Jersey, a minor is someone under the age of 18. With regards to leases, anyone can sign one, including a minor. Because leases are generally viewed as contracts, and a minor cannot be bound by their contracts, the law will automatically allow the minor to void the contract, if they choose.
• The unit is illegal. An illegal unit is one that is used for residential purposes but is not registered with the proper authorities as required by law. These are units that don’t comply with legal requirements for housing, such as too-low ceilings, no address, no dedicated gas/electric meter, or improper electric systems.
• The landlord waives liability for injury. If a tenant is injured because of the landlord’s negligence, the landlord cannot waive liability.

How to Prove or Verify an Unenforceable or Voidable Lease

To prove or verify that a lease was signed under duress, a tenant must be able to show that they did not sign the lease on their own free will. Usually duress will manifest through threats of harm or physical violence. Regardless, a tenant must show that the threat of harm made by the other party was the reason they entered into the contract. The burden of proof then shifts to the other party, who must prove that any threats made to the person did not force them into signing the lease.

To prove or verify that the party signing the lease was a minor, the easiest way will be to provide a birth certificate showing exactly when the tenant was born. Once confirmed, they will then be given the choice of whether they want to void the lease.

To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”

How to Terminate a Lease Due to an Unenforceable Clause or Void Lease

If a lease is considered void or unenforceable, it is immediately terminated, as if the lease was never signed. Therefore, the tenant can move out immediately and no longer have to pay rent.

Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe you money, you may have to resort to filing a lawsuit in small claims court.

7. Landlord Harassment or Privacy

In New Jersey, a tenant can terminate a lease early due to landlord harassment or privacy violations. However, a court must determine whether landlord harassment occurred before a tenant can break the lease.

What Qualifies as Landlord Harassment

In New Jersey, the following behavior qualifies as landlord harassment:

• Landlord Entry. In New Jersey, landlords are required to provide notice (generally 24 hours) before entering a tenant’s home. Repeatedly entering a tenant’s home without notice qualifies as landlord harassment.
• Constructive Eviction. A landlord cannot remove exterior windows or doors, turn off utilities or change the locks without prior tenant permission under New Jersey law. This type of behavior constitutes constructive eviction and qualifies as landlord harassment under New Jersey law.
• Refusing to Make Necessary Repairs or Maintain the Property. Under the implied warranty of habitability, landlords cannot simply refuse to make repairs or intentionally delay maintenance needs. Doing so opens up the possibility of landlord harassment compensation.
• Engaging in Discrimination. Under the Fair Housing Act, a landlord may not discriminate against a tenant based on race, religion, national origin, and gender. This type of behavior qualifies as landlord harassment.

How to Prove or Verify Landlord Harassment

A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.

For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.

How to Terminate a Lease Due to Landlord Harassment

To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the New Jersey District Court. The court will then schedule a show-cause hearing, where the tenant will provide facts on why there should be a complaint filed against the landlord.

If the clerk issues a complaint, a court date will be set. On the court date, it will be determined whether landlord harassment occurred and if the lease should be terminated.

8. Mental or Physical Disability

In New Jersey, as with all other states, a tenant can break a lease early, without penalty, because of a physical or mental disability.

Practically speaking, a tenant with a disability could request to terminate the lease if they can no longer function in a regular rental unit and need specialized care.

What Qualifies as a Physical or Mental Disability?

Under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), persons with disabilities are eligible for reasonable accommodations. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to enjoy where they live.

A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. These individuals must have a record of the impairment. A record can constitute hospitalization records and documented time off as a result of the disability.

A physical or mental impairment includes diseases and conditions such as:

• Autism
• HIV
• Cerebral palsy
• Diabetes
• Epilepsy
• Muscular dystrophy
• Visual, speech, or hearing impairments
• Multiple sclerosis
• Heart disease

How to Prove or Verify Physical or Mental Disability

When proving or verifying disabilities, there are two methods by which to do so:

1. The disability is obvious and apparent. If a person’s disability and need for the requested accommodation is obvious and readily apparent, then the landlord may not request any additional information. These would most likely be physical impairments that one could easily identify as being limiting to the tenant.
2. Request verification of disability. If the disability and the need for the requested accommodation is not so obvious and readily apparent, the landlord can only request information that is necessary to evaluate the disability. Provided information will generally be from a medical professional or reliable third party who is in a position to know about the individual’s disability. These disabilities would usually encompass some sort of mental disability.

How to Terminate a Lease Due to a Physical or Mental Disability

If a tenant has a qualified disability, the tenant may request early termination as a reasonable accommodation under the federal FHA or ADA. Once the landlord receives this letter, then they will terminate the lease.

However, in the event the landlord refuses to honor the legitimate early termination of the lease, you may have to file a Fair Housing complaint or sue in court.

9. Landlord Retaliation

In New Jersey, a tenant can break a lease early, without penalty, if a landlord retaliates against the tenant
[7]
. New Jersey law does not allow a landlord to retaliate against a tenant for exercising their rights under the law.

What Qualifies as Landlord Retaliation?

New Jersey law sets forth specific instances that qualify as landlord retaliation. First, a tenant must have done one of the following:

• Exercise or attempt to exercise their rights under the law
• Report to the Board of Health a suspected violation of any health or building code
• Withhold rent due to the landlord’s failure to make necessary repairs or provide services
• Complain to any board that regulates residential premises about a violation with the property

After a tenant exercises these rights, any of the following actions may qualify as landlord retaliation:

• Filing an eviction proceeding
• Depriving the tenant use of the premises, except for reasons authorized by law
• Decreasing services to the tenant
• Increasing rent or substantially altering the terms of the tenancy
• Purposefully interfering with the tenant’s rights under the lease

How to Prove or Verify Landlord Retaliation

In New Jersey, a tenant may prove landlord retaliation by first showing documentation of the rights the tenant exercised under law, such as a copy of a complaint filed with a governmental agency. A tenant may also use a copy of an eviction proceeding or altered lease to prove landlord retaliation.

The landlord is not liable for retaliation if the landlord proves that the action was not taken for purposes of retaliation. To do so, the landlord must have evidence that they intended to take the same actions prior to the tenant’s actions.

 

A landlord may also show that they exercised certain lawful rights through any of the following:

• Increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance
• Increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multi-unit building
• An otherwise valid eviction or lease termination because the tenant is delinquent in rent, intentionally damages property, or materially breaches the lease

Can a Tenant Break a Lease Due to Job Relocation in New Jersey?

A tenant cannot break a lease early due to a job relocation in New Jersey. No laws exist in New Jersey to allow a tenant to automatically break a lease for a new job.

However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.

Can a Tenant Break a Lease Due to Backing Out of a Lease After Signing?

In New Jersey, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.

Can a Tenant Break a Lease Due to Buying a House in New Jersey?

In New Jersey, a tenant cannot break a lease early due to buying a house unless the lease contains a clause allowing the tenant to terminate the lease early because of a new home purchase.

What Happens if a Tenant Cannot Break a Lease Early?

If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease.

New Jersey does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of a lease. However, a landlord must mitigate damages and seek to replace the tenant.

Landlord’s Duty to Mitigate Damages in New Jersey

In New Jersey, a landlord has the duty to mitigate damages, which requires that a landlord make reasonable efforts to re-rent the premises rather than charging the tenant for the remaining lease
[8]
. When the premises is rented out, the tenant will only be responsible for the amount of time the unit was vacant.

Tenant’s Right to Sublet in New Jersey

New Jersey state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.

Consequences for Moving Out in New Jersey

In New Jersey, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.

If not, potential consequences include:

• The landlord keeping the security deposit
• The landlord suing the tenant for damages
• A lower credit score
• A potential bad reference in the future