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Property Law Keyed to Kurtz
Sommer v. Kridel
Citation:
378 A.2d 767 (N.J. 1977)
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In March 1972, James Kridel entered into a two-year lease with Abraham Sommer for an apartment in Hackensack, with the term beginning May 1, 1972. Kridel paid $690 upfront, with half applied to the first month’s rent and half as a security deposit. Before taking possession, Kridel’s engagement was broken and his wedding plans canceled. On May 19, 1972, Kridel wrote to Sommer explaining his situation, surrendering his rights to the apartment, and requesting release from the lease. Sommer did not respond. Subsequently, a prospective tenant inquired about renting the apartment, but Sommer’s agent refused to show it, claiming it was already rented. Sommer did not re-enter or show the apartment to anyone until August 1973, when it was finally rented to a new tenant beginning September 1, 1973. Sommer sued Kridel for rent due under the lease.
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