If you rent a property, you have a lease. It may be an oral (spoken) or written agreement. Lease agreements are contracts. While you are free to move at any time, you may be liable to pay rent for remainder of the lease term even if you leave before the lease ends. However, the law recognizes certain circumstances where you can end a lease contract early.

My lease is ending. Do I have to move? If I am moving, do I have to provide notice?

Your landlord cannot evict you just because your lease term ended. They can only evict you based upon one of the grounds for eviction in New Jersey. A lease term ending is not one of those grounds.

Read your lease agreement. It may include terms that explain what notice to provide in order to terminate the agreement. Some leases require notice before the end of the lease term. If your lease term expires, and there is nothing in it about renewal, you become a month-to-month tenant. The same lease terms continue on a month-to-month basis. In this case, you should give a calendar month’s notice that you are ending your lease agreement and moving.

What if I never had a written lease agreement? What notice should I provide?

To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give written notice one-month before the beginning of the month you plan to leave. You can then move out at the end of the month.

For example, if your rent is due the first of every month and you want to move on or before June 30, you must give the landlord notice, preferably in writing, before June 1 saying that you are terminating your lease on June 30. You must have everything out of the unit and turn over the keys on or before June 30.

Legal Reasons to End a Lease Early

The law recognizes several reasons a lease agreement can end early, such as:

• The tenant or a member of the tenant’s household is a victim of domestic violence
• The tenant or a tenant’s spouse passes away
• The tenant or the tenant’s spouse experiences a disabling illness or accident
• A senior tenant needs to go to a nursing home or assisted living facility
• A senior tenant is accepted into subsidized housing or other low- and moderate-income housing
• A disabled tenant or household member needs accessibility features that are not provided
• Conditions are so bad that the tenant is left with no choice but to move
• The landlord fails to provide a Flood Zone Notice
• The unit is damaged or destroyed by fire
• A servicemember tenant who is covered by the Servicemembers Civil Relief Act receives orders for a Permanent Change of Station (PCS) or deployment

Some of the above reasons have notice requirements. Review the criteria explained below for terminating a lease under each of these grounds. In some cases, if you are a month-to-month tenant, or nearing the end of your lease term, it may be easier to give notice as previously described.

Example: T is a month-to-month tenant whose rent is due on the first of the month. T is 65 years old. On March 28, T received notice that they have been approved for low-income housing and that the unit will be available April 25. It would be easier for T to immediately deliver notice to their present landlord that they are terminating their lease effective April 30, rather than follow the requirements later explained in “Senior Tenants Accepted into Subsidized Housing or Other Low- and Moderate-Income Housing.” Under the statute explained in that section, the lease does not terminate until after 40 days after the landlord receives the notice (in this example that would be May 7 at the earliest).

Several statutory reasons under New Jersey law for ending a lease early required that the rent be paid up to the termination date. A tenant may be able to resolve this issue if the tenant has the legal right to apply their security deposit to the rent. For more information about that,read Security Deposit: What It Is and What a Landlord Must Do With It While You Live in the Property.

Ending a lease due to Domestic Violence

The Violence Against Women Act (VAWA) housing safeguards apply to survivors of domestic violence, dating violence, sexual assault, and stalking. Under VAWA, domestic violence includes pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior. VAWA covers the following federal housing programs:

• Public housing, including privately owned, mixed-finance units that derived from public housing, such as units that underwent the Rental Assistance Demonstration (RAD) program
• Section 8 Housing Choice Vouchers, including special Vouchers such as HUD Veterans Affairs Supportive Housing (HUD-VASH)
• Section 8 Moderate Rehabilitation Single Room Occupancy
• Section 8 Project-Based housing
• Section 202 housing for the elderly, including the Section 202 direct loan programs)
• Section 811 housing for people with disabilities
• Section 236 multifamily rental housing
• Section 221(d)(3) Below Market Interest Rate (BMIR) housing
• HOME Investment Partnerships Program (HOME)
• Housing Opportunities for People with AIDS (HOPWA)
• McKinney-Vento Act homeless assistance programs, including Continuum of Care (CoC) and Emergency Solutions Grants (ESG) programs
• Housing Trust Fund (HTF) program
• Section 515 Rural Rental Housing
• Sections 514 and 516 Farm Labor Housing
• Section 533 Housing Preservation Grants
• Section 538 multifamily rental housing
• Rural Development (RD) Voucher Program
• Low-Income Housing Tax Credit housing (LIHTC)
• Transitional Housing Assistance for Homeless Veterans
• Grant programs for homeless veterans with special needs
• Supportive Services for Veteran Families
• Veterans Affairs Supportive Housing (VASH)

If you have been a victim of domestic violence and live in a unit funded by one of these programs, may have options, such as an emergency transfer or retaining the subsidy. The relief depends upon the type of program. This may be the case even if you are not a named tenant or head of household. You should seek legal assistance.

If your housing is not covered by VAWA, the New Jersey Safe Housing Act is a law that allows domestic violence victims and their children who are tenants to end their lease early. The purpose of the law is to help victims find safe long-term housing. Under the law, a tenant must give written notice to the landlord. The lease will end 30 days after the landlord receives this notice. You are required to pay the rent until that last day. The notice must tell the landlord that the tenant or a child of the tenant faces an imminent threat of serious physical harm from another named person if the tenant remains on the leased premises.

Along with the written notice, the victim/tenant must send any of the following:

• A certified copy of a final (not temporary) restraining order based on the New Jersey Prevention of Domestic Violence Act protecting the victim/tenant from the same abusive person named in the written notice. A “certified copy” has a special stamp. You can get this by contacting the court.
• A certified copy of a final restraining order from another jurisdiction (state or country) based on the domestic violence law of that other jurisdiction protecting the victim/tenant from the same abusive person named in the written notice. A “certified copy” has a special stamp. You can get this by contacting the court.
• A law enforcement agency record (such as a police report) documenting the domestic violence or certifying (confirming) that the victim/tenant or child of the tenant is a victim of domestic violence from the same abusive person named in the written notice
• Medical documentation of the domestic violence provided by a health care provider
• A certification (confirmation) from a certified Domestic Violence Specialist or the director of a designated domestic violence agency stating that the tenant or a child of the tenant is a victim of domestic violence from the same abusive person named in the written notice
• Other documentation or certification (confirmation) from a licensed social worker that the tenant or a child of the tenant is a victim of domestic violence from the same abusive person named in the written notice

The documents that a victim/tenant sends with the written notice to the landlord are very important. Letters medical or mental health providers should include their credentials and qualifications, as well as the basis of their opinion. For example, meetings or conversations they have had with you, and any evidence of violence they have observed.

It is recommended that the tenant be connected with their county domestic violence agency. A list of agencies is available from the New Jersey Coalition to End Domestic Violence website.

If there are other tenants on the lease, their lease also ends. However, other tenants should not be removed from the home unless the landlord has good cause under landlord/tenant laws. The other tenants and the landlord may enter into a new lease.

If you end your lease and leave, the New Jersey Safe Housing Act states that the landlord must return your security deposit within 15 days after you move out. The law allows the landlord to keep part of the deposit if you damaged the apartment or owe rent. The landlord must send a notice to your last known address within three business days after you leave to let you know where you can go to get your deposit back. If the landlord has kept some of the deposit money, the written notice must also tell you why. If you do not agree with the reasons the landlord gives for keeping some of the deposit, you may sue the landlord in small claims court for two times the amount the landlord kept, plus your attorney’s fees.

To be successful under this law, you will have to reveal very personal information about your situation. The New Jersey Safe Housing Act requires that landlords and/or municipal clerks must keep it private and confidential. They cannot reveal any information about the domestic violence or enter information into a shared database, such as one that would be available to agencies that generate tenant screening reports. The law does allow the landlord to use the information, with your consent, for a future court proceeding about the tenancy.

Death of a tenant or a tenant’s spouse

The law provides that any lease for one year or more may be ended before it expires if the tenant or the tenant’s spouse dies. The landlord must be given written notice of the lease termination by the tenant’s executor or administrator, or the surviving spouse if the names of both spouses are on the lease. The lease termination becomes valid 40 days after the landlord receives written notice as long as (1) the rent owed up to that point has been paid; (2) the property is vacated at least five working days before the 40th day; and (3) the tenant’s lease does not prohibit early termination upon the tenant’s death.

Disabling Illness or Accident of Tenant or Tenant’s Spouse

Any lease for one or more years may be ended before it expires if the tenant or the tenant’s spouse becomes disabled due to an illness or accident. In such a case, the tenant or spouse must notify the landlord with the following information: (1) a certification of a treating doctor that the tenant or spouse is unable to continue to work; (2) proof of loss of income; and (3) proof that any pension, insurance, or other assistance to which the tenant or spouse is entitled is not enough to pay the rent, even when added with other income. The lease termination becomes effective 40 days after the landlord receives the written notice. Rent must be paid up to the termination date. The property must also be vacated and possession returned to the landlord at least five working days before the 40th day.

Senior Tenants Needing To Go to a Nursing Home or Assisted Living Facility

The law permits senior tenants 62 or older to break their leases if they need to move to move into a nursing home or an assisted living facility or a continuing care retirement community. To break your lease under these circumstances, the tenant must give the landlord written notice in advance. The notice must contain: (1) a statement from the tenant’s physician that the tenant needs the services provided by such a facility; and (2) a statement showing that the tenant has been accepted into such a facility. The lease termination becomes effective 40 days after the landlord receives the written notice. Rent must be paid up to the termination date. The property must also be vacated and possession returned to the landlord at least five working days before the 40th day.

Senior Tenants Accepted into Subsidized Housing or Other Low- and Moderate-Income Housing

Tenants who are 62 or older, and who are not already living in subsidized or low- or moderate-income housing, can break their leases if they have been accepted into such housing. To break your lease under these circumstances, the tenant must give the landlord written notice in advance. You must include “documentation of a lease or intent to lease” from the new landlord, like a copy of a lease, or letter stating that there is an available unit for you. The lease termination becomes effective 40 days after the landlord receives the written notice. Rent must be paid up to the termination date. The property must also be vacated and possession returned to the landlord at least five working days before the 40th day.

Housing that Lacks Accessibility Features

The law permits tenants who are disabled to break their lease if the landlord, after notice, has failed to make the dwelling unit “handicapped accessible” to the disabled tenant or a disabled member of the household. To break your lease under these circumstances, you must notify the landlord in advance, and the notice must contain: (1) a statement from your physician that you or another household member has a long-term or permanent disability; and (2) a statement that you asked the landlord to make the house or apartment accessible at the landlord’s expense and that the landlord was unable or unwilling to do so. The lease termination becomes effective 40 days after the landlord receives the written notice. Rent must be paid up to the termination date. The property must also be vacated and possession returned to the landlord at least five working days before the 40th day.

Constructive Eviction

A “constructive eviction” occurs when any act or omission of the landlord or anyone acting under his authority which renders the premises substantially unsuitable for the purpose for which they are leased, or which seriously interferes with the beneficial enjoyment of the premises. Often this refers to the physical conditions of the unit, a breach of the implied warrant of habitability. It can refer to a substantial breach of the covenant of quiet enjoyment, which guarantees tenants the right to peacefully use and enjoy their leased property without undue interference or disturbances from the landlord or anyone else. However, that is harder to prove.

The conditions must be serious. The landlord must be on reasonable prior notice of the problem, preferably in writing, and have failed to take reasonable steps to correct it. These cases are very fact sensitive. If a landlord sues you for rent owed, or if you sue for return of your security deposit, the outcome of your case will turn on the specific facts of your situation and what you can prove in court.

It is important to have proof that the conditions, and proof that landlord was aware of the problem. Contact your municipal housing inspections department to have an inspector inspect the property. Take pictures. Have witnesses. Keep copies of any communication with the landlord. You have other options as explained in the chapter “Your Right to Safe and Decent Housing,” in Tenants’ Rights in New Jersey. If you terminate your lease, you should write a letter stating:

• A brief summary of the problem
• That you put the landlord on prior notice of the problem
• That the landlord has failed to take reasonable steps to correct the problem
• That as a result of the landlord’s substantial breach of the lease agreement (either the warranty of habitability or the covenant of quiet enjoyment as the case may be), the unit is you are left with no choice but to move
• You are considering your lease terminated as of _______ date (a date by which you can have everything moved out).

If the landlord does not return your security deposit, you may have to take them to court. In your lawsuit, you will have to prove the severity of the conditions that caused you to end your lease early.

Failure to Provide Flood Zone Notice

The law requires some landlords to notify you that a property is at risk of flooding has strong notice requirements. A failure to follow those requirements can be a reason for you to terminate your lease early. For more information, read the article Flood Zone Notice Requirements.

Destruction by Fire

In general, under New Jersey law, if the building is destroyed by fire, and the tenant is not at fault, the lease ends. Rent should be paid up to the time of the destruction. If there is fire damage, but the building or unit is not destroyed, and the tenant is not at fault, the landlord shall make repairs as quickly as possible. You do not have to pay rent for any months in which the repairs were not made.  Tenants should also review their lease agreements and seek legal assistance.

Servicemembers Civil Relief Act (SCRA)

The SCRA applies to:

• Active-duty members of the Army, Marine Corps, Navy, Air Force, and Coast Guard
• Members of the Reserve component when serving on active duty
• Members of the National Guard component mobilized under federal orders for more than 30 consecutive days
• Active duty commissioned officers of the Public Health Service or the National Oceanic and Atmospheric Administration

The SCRA provides servicemembers with the right to terminate residential leases of properties that are occupied or intended to be occupied by a servicemember or his or her dependents. If you signed a lease for housing prior to active-duty service, or if you are already serving on active duty and receive permanent change of station (PCS) or deployment orders for a period of at least 90 days, you should be able to terminate your housing lease without penalty.

To terminate your housing lease, you or someone exercising a power of attorney on your behalf must submit written notice of termination to your landlord, and a copy of your orders or letter from your commanding officer. They must be sent by hand delivery, private carrier, regular U.S. mail with return receipt requested, or by electronic means (email or communications portal designated by landlord or management).

If your lease requires monthly rent payments, termination of a housing lease is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the termination notice is delivered.

The Act also covers the servicemember’s dependents, which include a spouse, children as defined by the Act, and an individual for whom the servicemember provided more than one-half of the individual’s support for 180 days immediately preceding an application for relief under this Act. If you have a question about SCRA, such as who is a dependent covered under the Act, you can contact your nearest Armed Forces Legal Assistance Program office.

What if none of these reasons apply?  Can I be sued for breaking a lease?

If you move out before the end of the lease for a reason not accepted by the law, the landlord may be able to hold you responsible for the rent that becomes due until the apartment or house is rented again, or until the lease ends. It may be worth asking if the landlord will agree to change the lease termination date to an earlier date. If they agree, get the agreement writing, stating the “lease will terminate,” and the specific date it will terminate on (a date that you can have everything moved out by). Make sure you can have everything moved out by that date.

The landlord must make reasonable efforts to re-rent the unit. If you gave advance notice that you are moving, the landlord may try to show the unit to prospective tenants before you have completely moved out. While this may be inconvenient, it could help you if a new tenant moves in before your lease term ends.

If the landlord sues you for money owed, the New Jersey Supreme Court in Sommer v. Kridel, 74 N.J. 446 (1977), stated that a judge can consider whether the landlord advertised the property in a local newspaper, offered, or showed it to prospective tenants. A tenant who is sued may counter such evidence by showing that they suggested qualified tenants who were rejected. These are just some examples and each case will be judged on its own facts.

Example: Tom moved out July 15 because Tom got a new job in another state. Tom’s lease ends on October 31. Tom’s landlord immediately advertises the property for rent on several internet sites, and puts a sign in the window. The landlord secures a tenant, but that person cannot move in until September 1. The landlord is charging the same rent. Although Tom’s lease agreement ends October 31, the landlord cannot hold him liable for September and October because the new tenant is paying rent for that time period. Assuming that the landlord did not improperly reject tenants for July and August, Tom could be liable for rent for those months. Tom’s landlord may deduct that amount from Tom’s security deposit and might sue for amounts not covered by the security.

If the landlord incurs reasonable expenses while trying to re-rent the apartment, such as cleaning costs or realtor fees, these costs can be deducted from your security deposit or charged to you. If a landlord does not make reasonable efforts to re-rent the apartment, they may not be able to claim the full amount of rent owed for the remainder of the lease term.

Tips for Ending Your Lease and Moving Out of the Property

• Make sure that you can have everything out of the unit by the lease termination date.
• If you are discarding any large items, find out the municipality’s schedule for pick-up of such items in advance.
• Take pictures of the entire property to have proof of the condition that it was left in. This includes the interior of appliances like the refrigerator and oven.
• Ask for a walk through and get a copy of any report that the management may provide
• Have proof of the date you moved everything out. This can include a receipt for return of the key, a witness, or a walkthrough report.
• Provide an address to the landlord for the return of your security deposit. Make sure to have your mail forwarded. If you are a survivor of domestic violence, stalking, sexual violence, you may be able to get a substitute address through the Address Confidentiality Program. For more information about the program, go to the Address Confidentiality Program page, or call 1-877-218-9133.

What if you terminate your lease, but don’t move?

Your landlord can’t evict you simply because you did not leave when you said you would. That is not one of the grounds for eviction in New Jersey. If you are unable to move by your lease termination date, there could be negative consequences. To try to minimize those, immediately notify your landlord in writing that you are cancelling the prior notice of lease termination. If you are still terminating your lease, but need to postpone the date, put that in writing and state the new date.

This information last reviewed: May 6, 2025