Breaking a lease in New Jersey

If you are the tenant

• A month-to-month tenant must give written notice at least one full month before moving. A notice given less than a full month before the tenancy's monthly anniversary date takes effect on the next anniversary date (DCA; Escobar v. Miletic, citing Harry's Village v. Egg Harbor Twp., 89 N.J. 576).

If the landlord ends it

• Under the Anti-Eviction Act a landlord may end or refuse to renew a tenancy only for a statutory good cause, with the notice to quit that cause requires. Owner-occupied 2–3 family buildings are exempt; there, one month's notice to quit ends a month-to-month tenancy (N.J.S.A. 2A:18-61.1; 2A:18-56).

Written notice required: Yes. DCA says a month-to-month tenant must give written notice; tenants with written leases must give written notice as the lease requires.

A tenant who moves out early may be held responsible for rent until the unit is re-rented or the lease ends, whichever comes first; the landlord must try to re-rent and prove it tried (DCA Truth in Renting, citing Sommer v. Kridel).

Landlord's duty to re-rent: Yes. The landlord must make reasonable efforts to re-rent, such as advertising and interviewing applicants (Sommer v. Kridel, 74 N.J. 446 (1977), as summarized by DCA).

Lease-break fees: No statutory cap on lease-break fees found; the lease controls, subject to the landlord's duty to mitigate. Military termination under N.J.S.A. 38:23C-14 bars any early-termination penalty.

• Domestic violence, sexual assault or stalking (N.J.S.A. 46:8-9.6 to 9.7)

  Termination takes effect on the 30th day after the landlord receives the notice and documentation; co-tenants' lease also ends.

  Notice:

  30 days, in writing

  Proof:

  Written notice that the tenant or child faces imminent threat of serious harm from a named person, plus one of: permanent restraining order (NJ or other state), law-enforcement record, medical documentation, certification from a certified DV specialist or DV agency director, or documentation from a licensed social worker.

  What you still owe:

  Rent prorated to the termination date; deposit returned (with interest) within 15 business days.

• Age, illness or disability (N.J.S.A. 46:8-9.2)

  The lease ends on the 40th day after the landlord receives the notice.

  Notice:

  40 days, in writing

  Proof:

  Notice with a treating physician's certification (disabling illness/accident with income loss; 62+ entering assisted living/nursing home/CCRC; disability needing unmade accessibility changes), or documentation of acceptance into low/moderate-income housing for 62+.

  What you still owe:

  Rent paid to the termination date; tenant must vacate at least 5 working days before the 40th day.

• Other (N.J.S.A. 46:8-9.1)

  An estate or surviving spouse may end the lease after a death; this does not apply if the lease specifically provides otherwise.

  Notice:

  40 days, in writing

  Proof:

  Written notice of the death of the tenant or tenant's spouse.

  What you still owe:

  Lease ends on the 40th day after the landlord receives notice.

• Unit unlivable or landlord fails to repair (Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969), per DCA)

  If the landlord fails to make needed repairs, a tenant may move out under constructive eviction (Reste Realty v. Cooper).

  Proof:

  Proof of the bad conditions.

  What you still owe:

  Tenant is not bound if the landlord's failure to repair amounts to constructive eviction.

Military orders, every state: the federal SCRA lets servicemembers with orders (permanent change of station or deployment of 90+ days) end a lease with written notice and a copy of the orders. How the SCRA date is counted.

• N.J.S.A. 38:23C-14 lets a person who enters military service after signing a lease end it by written notice (monthly rent: effective 30 days after the next rent due date) with no penalty; whether its definition of military service reaches beyond the SCRA was not verified.
• A landlord cannot evict just because the lease ended; most landlords need good cause not to renew.
• When a tenant breaks a lease, the 30-day deposit-return clock starts when the unit is re-rented or the lease expires, whichever is first (DCA).

• Write a New Jersey notice to vacate
• New Jersey security deposit law: getting your deposit back after you move

• NJ DCA, Truth in Renting Retrieved October 13, 2026.
• NJ DCA bulletin, Leases Retrieved October 13, 2026.
• Escobar v. Miletic, No. A-2299-18 (N.J. App. Div. 2020) Retrieved October 13, 2026.
• P.L.2005, c.320 (N.J.S.A. 38:23C-14) Retrieved October 13, 2026.

Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; see our methodology.