Can I break my lease if my apartment is unsafe?

Yes, you can break your lease if your rental is uninhabitable and your landlord does not correct the issues after being notified.

What proof do I need to terminate my lease because of domestic violence?

You must provide your landlord with a written notice and a restraining order, police report, or certified letter from an eligible professional.

Do I have to keep paying rent after I move out early?

You may have to pay rent until your lease ends or a new tenant is found unless you legally qualify to break your lease without penalty.

How much notice is required for military deployment?

You must give written notice with military orders; your lease ends 30 days after the next rent payment is due.

Which agency handles New Jersey rental disputes?

The New Jersey Landlord-Tenant Court (Special Civil Part) resolves most lease and eviction disputes.

Legal Reasons to Break a Lease in New Jersey Without Penalty

Moving Out & Ending a Lease New Jersey published: June 21, 2025

As a New Jersey renter, you may wonder under what circumstances you can break your lease without facing penalties. Understanding your legal rights helps you avoid extra costs, protect your credit, and ensure a stress-free move. This article explains the valid legal reasons for ending a lease early in New Jersey, the forms you may need, and where to turn for help if you have specific questions or need support.

When Is Breaking a Lease Without Penalty Allowed in New Jersey?

Generally, leases are binding agreements. However, New Jersey’s laws offer important protections for renters, giving you the right to move out early without penalty in certain situations. These are based on the New Jersey Truth-in-Renting Act and other state statutes^[1].

Legally Accepted Reasons to Break a Lease in New Jersey

Unsafe or Uninhabitable Rental Conditions
If your unit is so dangerous or poorly maintained that it violates state/local health or safety codes (for example, lack of heat in winter, mold, broken doors or windows), you may be legally allowed to end the lease. This is based on New Jersey’s “Warranty of Habitability.” Always notify your landlord in writing and provide a chance to fix the problems first.
Action: Document the issue with photos and communications. If the problem isn’t resolved, you may notify your landlord in writing of your intent to end the lease due to uninhabitable conditions.
Victims of Domestic Violence
New Jersey law lets victims of domestic violence terminate their lease early and without penalty under the Safe Housing Act. You must provide documented proof (like a restraining order or certified letter from a healthcare professional) and at least 30 days’ written notice to your landlord.
Official Form: There is no specific state-wide form, but written notice and relevant supporting documents such as a certified letter or an Order of Protection are needed. Practical example: If you obtain a restraining order, supply a copy and notify your landlord in writing of your plan to leave. See guidance on the state’s Truth-in-Renting Act, Safe Housing Act section.
Active Military Duty
Under the federal Servicemembers Civil Relief Act (SCRA), renters entering active military service can terminate a lease early. Written notice and a copy of your military orders must be provided to your landlord. The lease ends 30 days after the next rent due date.
Action: Deliver written notice and a copy of your orders—see SCRA details at the U.S. Department of Justice website.
Landlord Harassment or Privacy Violations
If your landlord enters your home unnecessarily or unlawfully, or otherwise harasses you, you may have grounds to end your lease. Always send a formal written complaint and keep detailed records first.
Landlord Violates Lease or Law
Serious breaches of your lease or state law by the landlord (for example, failure to supply promised services or illegal eviction notices) may give you a legal right to break the lease without financial penalty. Consult the Truth-in-Renting Act for more information.

If none of these apply, you could still be liable for rent and fees unless your landlord finds a new tenant quickly. New Jersey law requires landlords to make reasonable efforts to re-rent ("duty to mitigate damages").

Required Steps and Documents

Proper notice and documentation are critical when breaking your lease for legal reasons. Here are typical steps you should follow:

Written Notice: Most legal reasons require written notice to your landlord. This should include your intent to end the lease, the reason, your desired move-out date, and any supporting documents (restraining order, health inspection report, etc.).
Provide Supporting Documents: Supply any official documentation showing your right to terminate (e.g., court order, military deployment paperwork).
Official Complaint (if needed): If unsafe conditions or other violations are involved, you can file a complaint with your local code enforcement, or contact the New Jersey Bureau of Housing Inspection.

Tip: Always keep copies of anything you send or receive. Deliver notices via certified mail for proof.

Official Forms Used by New Jersey Renters

No universal lease termination form: New Jersey doesn't provide a single statewide form for terminating leases. For domestic violence, a written notice (with supporting evidence) is used.
Practical example: If you’re terminating for domestic violence, write and sign a letter with your move-out date and attach an official restraining order. Deliver copies to your landlord and keep records for your own file.
Military Termination: Provide a letter plus your deployment orders. Templates may be available from your base’s legal office. See federal SCRA rules at the Department of Justice SCRA page.
Filing a Housing Complaint: Use the Tenant Complaint Form (No state form number; see pages 21–22 of Truth-in-Renting Act brochure).
Practical example: Use this if your landlord has not responded to major repairs that impact the safety of your home. Submit the form to your local housing office or to the Bureau of Housing Inspection as instructed.

Your Rights and Who Handles Rental Disputes

In New Jersey, disputes about lease termination and renters’ rights are usually handled by the New Jersey Landlord-Tenant Court (part of the state’s Special Civil Part). This tribunal oversees eviction cases and lease-related disputes. It’s important to know which tribunal to contact if a dispute occurs.

For official legal rules, refer to the New Jersey Truth-in-Renting Act and Title 46 of New Jersey Statutes (Property).^[2]

If you’re unsure about your rights, reach out to your local legal aid office or the New Jersey Department of Community Affairs for guidance!

FAQs: Breaking a Lease in New Jersey

Can I break my lease if my apartment is unsafe?
Yes, if your home is uninhabitable and the landlord does not fix serious issues after being notified, state law allows you to move out early without penalty.
What proof do I need to terminate my lease because of domestic violence?
You must give your landlord written notice plus a restraining order, police report, or certified letter from certain professionals as specified by the Safe Housing Act.
Do I have to keep paying rent after I move out?
In many cases, yes, until the end of the lease or until the landlord finds a new tenant. However, if you leave for a lawful reason (like uninhabitable conditions or military duty), you may not owe future rent.
How much notice do I have to give if breaking my lease for military duty?
You must give your landlord written notice with a copy of your orders. The lease ends 30 days after your next rent is due.
Which agency helps with rental disputes in New Jersey?
Most lease-related issues go to the Landlord-Tenant Court (Special Civil Part) in New Jersey.

Conclusion: What New Jersey Renters Should Know

New Jersey renters can break a lease without penalty for certain legal reasons, including uninhabitable conditions, domestic violence, or military deployment.
Written notice and proper documentation are crucial—always keep records and provide supporting paperwork.
If issues arise, you can contact the Landlord-Tenant Court or local authorities for help protecting your rights.

Knowing your options makes the move-out process smoother and helps you avoid costly legal mistakes.

Need Help? Resources for Renters

New Jersey Landlord-Tenant Court: Resolves disputes, evictions, and lease terminations.
Bureau of Housing Inspection (NJ Department of Community Affairs): File complaints about unsafe or health-threatening conditions.
New Jersey Truth-in-Renting Act Brochure: Official summary of renters’ rights and sample forms.
Legal Services of New Jersey: Free and low-cost legal assistance for tenants.
Servicemembers Civil Relief Act (SCRA) Info (U.S. Department of Justice): Full details for military renters.

New Jersey Department of Community Affairs, Truth-in-Renting Act (revised 2024)
New Jersey Statutes, Title 46 – Property