General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders of 90 days or more, with written notice and a copy of the orders.
- A tenant facing an imminent threat of serious harm from domestic violence can end the lease with written notice and one of the documents the law lists; the lease ends 30 days after the landlord receives them, with rent prorated.
- If the landlord's neglect makes a unit unfit to live in, the tenant may move out under the doctrine of constructive eviction and owe no further rent.
- When a tenant leaves early, the landlord must make reasonable efforts to re-rent, and the tenant owes rent only until the unit is re-rented or the lease ends.
- A month to month tenant who is covered by the Anti-Eviction Act cannot be removed without a statutory cause; in owner occupied two and three family homes a one month notice to quit applies.
New Jersey tenants can end a lease early in several situations set by statute, including domestic violence, disabling illness or death, and military service. When a tenant simply leaves, the landlord must try to re-rent the unit.
New Jersey breaking a lease at a glance
| Rule | New Jersey | Law |
|---|---|---|
| Military service | A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders of 90 days or more, with written notice and a copy of the orders. | Servicemembers Civil Relief Act (50 U.S.C. 3955) |
| Domestic violence survivors | A tenant facing an imminent threat of serious harm from domestic violence can end the lease with written notice and one of the documents the law lists; the lease ends 30 days after the landlord receives them, with rent prorated. | New Jersey Safe Housing Act (N.J.S.A. 46:8-9.4 et seq.) |
| Unlivable conditions | If the landlord's neglect makes a unit unfit to live in, the tenant may move out under the doctrine of constructive eviction and owe no further rent. | Reste Realty Corp. v. Cooper (N.J. 1969) |
| Landlord duty to re-rent | When a tenant leaves early, the landlord must make reasonable efforts to re-rent, and the tenant owes rent only until the unit is re-rented or the lease ends. | Sommer v. Kridel (N.J. 1977) |
| Month-to-month notice | A month to month tenant who is covered by the Anti-Eviction Act cannot be removed without a statutory cause; in owner occupied two and three family homes a one month notice to quit applies. | N.J.S.A. 2A:18-61.1 and 2A:18-61.2 |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders of 90 days or more, with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955))
Domestic violence survivors. A tenant facing an imminent threat of serious harm from domestic violence can end the lease with written notice and one of the documents the law lists; the lease ends 30 days after the landlord receives them, with rent prorated. (New Jersey Safe Housing Act (N.J.S.A. 46:8-9.4 et seq.))
Other protected reasons. A tenant with a disabling illness or accident that cuts income, a tenant accepted into assisted living, a nursing home or low income senior housing, or the estate or spouse of a tenant who dies can end the lease with 40 days of written notice and the required documents. (N.J.S.A. 46:8-9.1 and 46:8-9.2)
Unlivable conditions
Unlivable conditions. If the landlord's neglect makes a unit unfit to live in, the tenant may move out under the doctrine of constructive eviction and owe no further rent. (Reste Realty Corp. v. Cooper (N.J. 1969))
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves early, the landlord must make reasonable efforts to re-rent, and the tenant owes rent only until the unit is re-rented or the lease ends. (Sommer v. Kridel (N.J. 1977))
Month-to-month tenancies
Month-to-month notice. A month to month tenant who is covered by the Anti-Eviction Act cannot be removed without a statutory cause; in owner occupied two and three family homes a one month notice to quit applies. (N.J.S.A. 2A:18-61.1 and 2A:18-61.2)
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these New Jersey rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New Jersey attorney about your situation.
Laws named on this page
- Servicemembers Civil Relief Act (50 U.S.C. 3955)
- New Jersey Safe Housing Act (N.J.S.A. 46:8-9.4 et seq.)
- Reste Realty Corp. v. Cooper (N.J. 1969)
- Sommer v. Kridel (N.J. 1977)
- N.J.S.A. 2A:18-61.1 and 2A:18-61.2
- N.J.S.A. 46:8-9.1 and 46:8-9.2
Official sources
New Jersey forms for this topic
Letters and checklists for this topic
Before you act on it. Check the statute too; this is not legal advice.
Can a service member break a lease in New Jersey?
A service member can end a residential lease after entering active service, or after receiving permanent change of station or deployment orders of 90 days or more, with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955).
Can a survivor of abuse end a lease early in New Jersey?
A tenant facing an imminent threat of serious harm from domestic violence can end the lease with written notice and one of the documents the law lists; the lease ends 30 days after the landlord receives them, with rent prorated. Source: New Jersey Safe Housing Act (N.J.S.A. 46:8-9.4 et seq.).
Does a New Jersey landlord have to re-rent the unit?
When a tenant leaves early, the landlord must make reasonable efforts to re-rent, and the tenant owes rent only until the unit is re-rented or the lease ends. Source: Sommer v. Kridel (N.J. 1977).
How much notice ends a month-to-month tenancy in New Jersey?
A month to month tenant who is covered by the Anti-Eviction Act cannot be removed without a statutory cause; in owner occupied two and three family homes a one month notice to quit applies. Source: N.J.S.A. 2A:18-61.1 and 2A:18-61.2.