Does My Landlord Have to Mitigate Damages in New Jersey?

If you move out before your lease is up in New Jersey, your landlord is required to mitigate damages—that is, make a good faith effort to re-rent the unit so that you're no longer responsible for the rent under your original lease. This was established by a 1977 court case, which ruled that:

• Landlords were responsible for re-renting the premises (a duty imposed by the values of "justice and fair dealing").
• When determining whether a landlord mitigated damages, trial courts should look for evidence that the landlord advertised the vacancy and showed it to prospective new tenants.
• You can prove the landlord did not fulfill their duty if you presented them with a qualified new tenant, and they were rejected.

If your New Jersey landlord is failing in their duty to mitigate damages—either by not advertising the unit or refusing to accept your replacement tenant—you can cite the court's decision in your communications with your landlord as proof of their legal responsibility.

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