Tenant Wants To Break Annual Lease NJ

[Account Closed]

Good Morning, 

I live in New Jersey and assist my father in managing his rental property in Trenton. This is my first time at this. Getting my feet wet for when I buy my own property. We had a new tenant move in on March 18th and she now wants to break her lease citing there is a roach problem. Prior to her move in the apt was exterminated early March. In her first month, she mentioned the roaches where a problem but said she was going to do things to remedy it, i.e. moth balls, sprays, etc. I told her to let me know how that went or we would do another extermination. 

Fast forward to now and she says she wants to break her lease by the end of the month and that she got the place bombed three times. She never informed me and I don't believe this was a professional bombing. On my end I neglected to have the place exterminated by waiting on her response. She sent me a text message on 6/4/18 which isn't 30 days written notice. 

The place was vacant for 3 years and I'm just trying to help my father. The lease does not touch upon breaking the lease. It is a generic NJ lease and the only thing that comes close is the clause about abandonment. 

Lawfully, what are my options? Can I keep her deposit? Do I sue (but I'm in the wrong as well). Any advice would be very much appreciated. Thank you all!

[Scott Jelinek]

I do not know New Jersey law but in my area, I would be able to keep the deposit. You can sue but you may lose due to a sympathetic judge. (And I would agree with judge). If I were you I would not sue, I would wait till she is out and then bomb the hell out of it to try and rectify the problem before the next tenant moves in and you have to go through this all over again. The mental Real Estate you will give up to fight it is not worth it. Just my 2 cents.