If I havetenants moving into an apartment within the next 5 days but they are already giving me problems, can I just cancel the lease?

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If I havetenants moving into an apartment within the next 5 days but they are already giving me problems, can I just cancel the lease?

Asked on January 25, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless the problem tenants who are in the process of moving into your rental have breached the presumed written lease that you have with them, you really do not have a basis for terminating the lease .

However, one option is that if the lease is a month-to-month lease as opposed to a lease for a year or so with these tenants that have already gotten under your skin, you can serve them with a 30 day notice to terminate their tenancy with you.

Another option is if you and the tenants want to mutually cancel the lease at a certain point, this can be done as well. However, you need to make sure you have a written agreement signed by you and the tenants with a specific date cancelling the term of the lease for your protection.


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