Landlord Question and Answer Forum

I own upscale units in a resort area cape may Nj. In the past I've rented year round leases. I've recently converted several to higher paying weekly rentals. One of my several year tenants started sub leasing on air BNB in direct breach of his lease. I gave him notice to cease but he continued. I had a lengthy meeting with him reiterated that this must stop , and that I would not be renewing the lease which renews next April. He continues to sublet on airbnb and now has sublet with dogs again more direct breach of lease. Now he wants me to let him out of lease at end of Sept which of course would allow him to illegally run a business and gain income to the end of the tourist season and not pay me in the off season. The net would be me losing 6 months of income. I told him I expected to be paid till the end of lease and him to follow terms of lease. My guess is he will move out with out notice at end of sept . Can I legally enforce the rest of lease payments so I am at least made whole. Barbara

If your tenant moves out before the end of the lease, you should be able to hold them responsible for the rent that becomes due until the apartment or house is rented again, or until the lease ends. You must try to re-rent the apartment. This means that in order to recover rent for the months left on the lease, you must prove that you tried to find another tenant but could not. You must show, for example, that you immediately began advertising the apartment and interviewing tenants. I would also keep track of any information you have of him breaching the lease. Good luck!

Posted by Clark F, OK on Wednesday, September 2, 2015