Tenant penalizing me $1,500 for giving 55 days notice instead of 60

[useimaginations]

I am a first time renter in NJ and my lease is up April 30th, 2009.

I received a notice saying that if I did not intend to renew my lease (I do not) I have to give them 60 days notice.

I simply misread it.

I made the mistake of assuming that they would need notice if I were staying.

So I'm a student I'm looking for work I have a lot going on, I made a mistake.

So as of today, giving 54 days notice, I have two options:

A: Break the lease and pay 3 months rent ($3,000)
B: Agree to leave by April 30th, forfeit my $1,500 security deposit as well as agree to be charged for anything that my security deposit would have paid for.

To me this is just morally sickening, I rent from a large corporation and to see them taking money from those who have none is wrong.

Anyway, off my soapbox, what can I do? Perhaps if I find someone to rent the apartment after me? "Duty to mitigate"?

I really cannot afford to lose that security deposit, and I don't feel 5 or 6 days leeway is too much to ask. Thank you for any sound advice you can provide.

[Eagle]

Did you talk to the landlord about this situation? If you were a good tenant I don't think they would enforce this provision against you. Also, the provision you mentioned is known as a "liquidated damages clause" and these are unenforceable unless they have a reasonable relationship to the actual damages that are incurred.

Also, they do have a duty to mitigate. This means they have to use reasonable efforts to find a new tenant.

[useimaginations]

[QUOTE=Eagle;714]Did you talk to the landlord about this situation? If you were a good tenant I don't think they would enforce this provision against you.


Yes, I spoke with the office manager today and she said the best they could do was allow me to forfeit my security deposit, to avoid breaking the lease and incurring the larger penalty.

We have been excellent tenants which is why this is so...unethical.

[Eagle]

Well if they want to play hard ball you should send them a letter via certified mail and tell them you will be moving out on April 30 and the premises are in good condition and you expect to receive you security deposit back in accordance with New Jersey Law. Also tell them that their $1,500 forfeiture fee is an illegal liquidated damages clause and you will sue them if they try to enforce it. Also add that 54 days notice is considered "substantial compliance" with their 60 days notice requirement.

If the landlord has any common sense he will back off after receiving your letter and realizing that you know the law.