need to get out of lease in nj

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Latest post 08-23-2007 2:00 PM by ccruz. 2 replies.
  • 08-15-2007 7:33 PM

    need to get out of lease in nj

    i moved into my current apt in feb with a one year lease, it was me, my wife and two daughters, my wife gave birth in june, the apt is a two bedroom, we thought it would be big enough but its not, my inlaws have a 4 bedroom that is now available to us, the lease states it is for four people and there is a certificate of occ that i assume is for four people, can i just go to the leasing office and tell them we have had a baby and get out of our lease and get our deposit back
  • 08-16-2007 11:16 AM In reply to

    re: need to get out of lease in nj

    "... can i just go to the leasing office and tell them we have had a baby and get out of our lease and get our deposit back"

    I seriously doubt it, but you're free to try. I'd try to negotiate some kind of settlement with landlord; otherwise, unless your lease has a provision about an early termination fee, you're on the hook for rent until they re-rent the place, plus costs of re-rental.
  • 08-23-2007 2:00 PM In reply to

    • ccruz
    • Top 500 Contributor
    • Joined on 05-21-2007
    • Posts 99

    Disagree [)*(] But you knew this might be a potential problem...

    ...because if you just moved there in February, your wife was already pregnant at that time. Surely you both knew that your situation would soon be changing when she had the baby, and bring your occupancy number higher than the number allowed.

    While I was pregnant my husband and I thought about renting a one-bedroom apartment; but the occupancy limit was 2, and after the baby came we would be in violation of our lease. Management could do occupancy checks at any time, so we did not take this chance.

    Since you already knew that baby coming would make 5, you are probably in violation of your lease, and most likely won't get your deposit back unless your LL is more gracious than most.
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