Is there a way to get out of my lease since I am not technically living in the space for which I have signed for?

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Is there a way to get out of my lease since I am not technically living in the space for which I have signed for?

I am a college student who have found this house that rents out the different rooms to its college students rather than the house as a whole. I recently signed a one year lease that was supposed to start on June 1st. A friend of mines had decided to rent out one of the other rooms in the house and the landlords therefore stuck the both of us in her (my friend’s) room until my room is vacant. There are currently 2 girls living in “my room” who have told me that their lease does not end until August 25th.

Asked on June 20, 2015 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The landlord is not providing you the space which you rented; that is a material, or important, violation of the lease by the landlord, and would allow you to treat the lease as terminated. When one party to a contract (and that's what a lease is: a contract) violates it in a material way, the other party can generally considert the contract terminated by the breach.


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