What to do if my landlord let me break my lease if I paid 2 months rent and I paid it but now he is suing me for the balance?

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What to do if my landlord let me break my lease if I paid 2 months rent and I paid it but now he is suing me for the balance?

We paid the $2250 that the landlord requested (in writing) but he wants $6000 more and is suing us. Is this legal?

Asked on January 29, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Hopefully you have a signed agreement by the former landlord stating that payment of two months rent would be a pay out for the balance of the amount of the lease. If not, you have a problem with a seemingly dishonest landlord.

Since you are being sued for $6,000 which is the balance of the lease, you need to answer the complaint with affirmative defenses in a timely manner or you will lose by default. One defense is that you entered into a satisfaction of the amount owed by payment of two months rent.

I suggest that you consult with a landlord tenant attorney to assist you in defending the lawsuit. The former landlord has an affirmative obligation to try and rent out the property to another tenant before suing you.


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