What to do about a breached lease agreement?

I signed a week long rental agreement for a place at the shore. The landlord also signed the agreement. This exchange was done via email. There is a signed lease agreement. The landlord gave the option of paying the depsoit via credit card but required me to call him to do so. I left 2 voicemails regarding paying by credit card over the phone. Landlord did not call me back. Instead, he emailed me saying that he forgot he rented the place to someone else for that week and to disregard the lease. In my view, we have an executed lease and I twice attempted to tender the deposit. Has the landlord breached the lease agreement and can I sue him to compensate me the difference between renting his place and another place?

Asked on January 14, 2013 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon the facts of what you have written, the landlord did in fact breach the contract that you entered into. As such, your measure of damages would be the difference between your contract price with this landlord for the subject unit for the term of the rental and the substitute one you obtained.

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