Tenant's Right to Break a Rental Lease in New Jersey

Many tenants who sign a lease for their apartment or rental unit plan to stay for the full lease term, often one year. However, circumstances can change, and you might find yourself needing to leave before your lease expires.

Leaving a fixed-term lease before it ends without paying the full remaining rent is called "breaking the lease." Here's a brief review of when a New Jersey tenant might be able to break a lease without further liability for the rent.

New Jersey Lease Obligations for Tenants and Landlords

A signed lease is a binding contract for both the tenant and the landlord, typically for a set period like a year.

A landlord generally can't raise the rent or change other terms until the lease ends. They also can't force a tenant to move out before the lease expires unless the tenant violates a significant term (like failing to pay rent or repeatedly causing disturbances).

Tenants are legally required to pay rent for the full lease term—even if they move out early—with specific exceptions detailed below.

When Breaking a Lease Is Justified in New Jersey

While the general rule is that a tenant owes rent for the entire lease term, New Jersey law provides several important exceptions. You may be able to legally move out before your lease ends in the following situations:

Active Military Duty

If you enter active military service after signing a lease, you have the right to break the lease under the federal Servicemembers Civil Relief Act. (50 U.S.C. § 3901 and following.)

• Qualifying Service: You must be part of the "uniformed services," which includes the armed forces, National Oceanic and Atmospheric Administration (NOAA) commissioned corps, Public Health Service commissioned corps, and the activated National Guard.

You must give your landlord written notice of your intent to terminate for military reasons. Your tenancy will end 30 days after the date that rent is next due following the notice's mailing or delivery. If you follow the proper procedure, you will not owe rent for the remainder of your original lease term.

Disabling Illness, Accident, or Senior Housing Needs

New Jersey law grants early termination rights if you:

• suffer a disabling illness or accident; or
• are 62 years of age or older and need to move into an assisted living facility, nursing home, or continuing care community.

The right to break your lease without further responsibility for rent in these situations is dependent upon meeting specified conditions, such as providing a physician's certification of your need to move. (N.J. Stat. § 46:8-9.2 (2025).)

Status as a Victim of Domestic Violence

State law provides early termination rights for tenants (or their children) who are victims of domestic violence or face an imminent threat of physical harm. This is subject to meeting specified conditions, such as securing a permanent restraining order. (N.J. Stat. § 46:8-9.6 (2025).)

Unsafe or Uninhabitable Rental Unit

If your landlord fails to provide habitable housing under local and state housing codes, a court might find that you have been "constructively evicted." This means that the landlord, by supplying unlivable housing, has effectively forced you out, eliminating your responsibility for future rent.

New Jersey law requires you to follow specific procedures before moving out due to a major repair problem. The problem must be truly serious, such as the lack of heat or other essential service. (N.J. Stat. § 2A:42-88 (2025); Marini v. Ireland, 265 A.2d 526 (N.J. 1970).)

Landlord Harassment or Privacy Violations

Generally, your landlord must give you one day's notice to enter your unit for inspection and repairs, and "reasonable" notice to enter for any other reason. (N.J. Stat. § 2A:39-1; N.J.A.C. 5:10-2.2; N.J.A.C. 5:10-5.1 (2025).) If your landlord repeatedly violates your privacy rights, or takes actions like removing windows or doors, turning off utilities, or changing the locks, you would be considered "constructively evicted," as described above. Landlord acts such as these usually justify breaking the lease without further rent obligation.

Landlord's Duty to Mitigate Damages in New Jersey

If you break your lease without a legal justification, the good news is that you still might not be responsible for the full amount of remaining rent. This is because under New Jersey law, your landlord must make reasonable efforts to re-rent the unit—a legal concept known as the "duty to mitigate damages." (Sommer v. Kridel, 378 A.2d 767 (N.J. 1977).) Things to consider about the landlord's duty to mitigate their damages include:

• Financial liability. You are required to pay only the amount of rent the landlord loses because you moved out early.
• Landlord's effort. The landlord must try to re-rent the property reasonably quickly. Any rent received from new tenants must be subtracted from the amount you owe. The landlord is not required to lower their standards for accepting a tenant or to rent the unit for less than fair market value.
• Additional costs. The landlord can add legitimate expenses, such as advertising costs, to your bill.
• Your risk. If the landlord makes reasonable efforts but still can't find an acceptable replacement tenant, you are responsible for paying rent for the remainder of your lease term. The landlord will likely first apply your security deposit to the debt, and can then sue you for any remaining balance owed.

Most of the time, if the landlord needs to sue a tenant for amounts owed, they will file a lawsuit in New Jersey small claims court, where the limit they can seek is $5,000.

How to Minimize Financial Responsibility When Moving Out Early

If you want to leave early, and you don't have legal justification to do so, there are better options than just moving out and hoping your landlord gets a new tenant quickly. There's a lot you can do to limit the amount of money you need to pay your landlord—and help ensure a good reference from the landlord when you're looking for your next place to live. For example, you can:

• Provide as much notice to your landlord as possible before moving.
• Write a letter to your landlord explaining your need to leave early.
• Offer to find a replacement tenant who has good credit and excellent references.

If you're able to reach an agreement with your landlord about your early departure—for example, if the landlord agrees to let you out of the lease if you pay two months' rent—be sure to get it in writing. Finally, once you've given notice that you plan to move out early, be sure to be completely moved out by that date. If you fail to vacate by the date you've announced, it will create more headaches for your landlord, and you'll risk further provoking them toward taking legal action.