Understanding Early Lease Termination Fees in New Jersey

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

Ending your lease early as a renter in New Jersey can feel daunting, especially when faced with potential termination fees. This guide explains what fees you might owe, your rights under New Jersey law, and steps to take when you need to move out before your lease ends.

What Are Early Lease Termination Fees?

Early lease termination fees are charges a landlord may require if you break your lease before its scheduled end date. In New Jersey, there are no statewide laws setting a specific fee amount, but your lease agreement should state what these charges are. If it's not in your lease, fees may not be enforceable. Always review your lease document carefully and ask your landlord to clarify any unclear terms.

New Jersey Laws Governing Lease Termination

New Jersey’s primary landlord-tenant statute, the New Jersey Truth-in-Renting Act, and the New Jersey Statutes Title 46 (Property and Conveyances), set the framework for lease agreements, including early termination.

  • No statutory cap on fees: The law does not limit early termination fees, but any charges must be clearly stated in your lease.
  • Mitigation of damages: Landlords must make reasonable efforts to re-rent the unit if you move out early. You are only responsible for rent until the unit is re-rented, plus any reasonable costs of advertising or preparing the unit for a new tenant.[1]
  • Special protections: Certain groups, such as victims of domestic violence, military personnel, or tenants over 62 entering a healthcare facility, may have the right to terminate a lease early without penalty. Always review the Truth-in-Renting booklet for details.[2]

Understanding these basic rights can help you avoid surprise charges and protect your finances.

Typical Early Lease Termination Scenarios

  • Job relocation
  • Family emergencies
  • Unsafe or uninhabitable living conditions
  • Entering the military (protections apply under federal law)

Each scenario may affect your obligations differently. For example, if you are ending your lease due to serious repair problems, you may have additional legal options. Contact the New Jersey Landlord-Tenant Section of the Special Civil Part, which handles rental disputes across the state.

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Required Forms and How to Use Them

Notice of Intent to Vacate

  • Form Name: Notice of Intent to Vacate Rental Unit (no official number in NJ)
  • When to use: If your lease requires written notice before ending your tenancy early. This form should include your intended move-out date and reason for leaving.
  • How to use: Provide a signed written notice to your landlord by mail, email, or personal delivery. Always keep a copy for your records.
  • View sample notice letter from NJ Department of Community Affairs.

Certification for Special Circumstances (e.g., Domestic Violence)

  • Form Name: Tenant Certification of Domestic Violence for Lease Termination
  • When to use: If you are a victim of domestic violence seeking to break your lease without penalty under New Jersey law (N.J.S.A. 46:8-9.5).
  • How to use: Complete the certification and provide a copy of your restraining order or other required documentation to your landlord.
  • Download official certification instructions
Tip: Send your notice and any documentation to your landlord by certified mail (return receipt requested) for proof of delivery.

How Are Early Lease Termination Fees Calculated?

If allowed by your lease, a landlord may charge:

  • Rent for the remainder of the lease term, minus any rent collected from a new tenant
  • Reasonable advertising and re-renting costs
  • A fixed early termination fee (if stated in the lease)

Landlords cannot "double-dip" by charging you and a new tenant for the same period. If the unit is re-rented, your obligation ends when the new tenant starts paying rent.[1]

What If I Disagree With the Fee or Conditions?

If you believe the fee is unfair or you were charged after proper notice, contact your landlord in writing first. If unresolved, consider:

Start with a calm conversation, but never ignore bills or court notices.

Frequently Asked Questions

  1. Can my landlord charge any amount for breaking my lease early?
    Not any amount. They can only charge what is specified in your lease and must attempt to re-rent the unit. Any fees should be reasonable and based on actual costs.
  2. Do I always have to pay an early termination fee?
    No. If your lease does not mention a fee, or if you qualify for special legal protections (such as domestic violence or military duty), you may be exempt.
  3. Can I terminate my lease early if my apartment is uninhabitable?
    Yes, but you must follow the correct process. Inform your landlord of the issue and allow time for repairs. If not fixed, you may have grounds for early termination without a fee, according to New Jersey law.
  4. What happens if I simply stop paying rent and move out?
    If you abandon your lease, your landlord may pursue you for unpaid rent, advertising costs, and damages. Legal and credit consequences may follow, so always use official channels.
  5. Who handles tenant-landlord disputes in New Jersey?
    The Special Civil Part, Landlord-Tenant Section of the Superior Court manages such disputes.

Key Takeaways

  • Early lease termination fees in New Jersey depend on your lease and state law requirements.
  • Landlords must try to re-rent the unit before charging you for the full remaining lease term.
  • Special cases (such as domestic violence or military duty) have extra protections; use official forms where needed.

Being informed can save you money and stress if you must end your lease early.

Need Help? Resources for Renters

  1. Truth-in-Renting Guide, NJ Department of Community Affairs
  2. New Jersey Statutes Title 46

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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