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Expired Lease

Posted by Robert on October 20, 2000 at 17:23:30:

I've been living in a Manhattan non-rental-stabilized apartment for the past 2 years. . Never once has a rent payment been late. My current years' lease is due to expire on October 31st.

Rather than renew the lease, I've decided to purchase a new house outside the city. I finally found the house 3 weeks ago, signed contracts, and have a closing date set for December 5th.

For the past month, I've been trying to work out a 1-month extension with my landlord. It was my hope that Id be able to stay until Nov 30th.

First the landlord was somewhat cooperative telling me to keep him posted on progress. During a conversation he verbally offered to extend to Nov 15th, but asked that I contact him again in one week. This is when the trouble began. It became extremely difficult to get a hold of him. He started using his secretary to selectively screen his calls. Id leave messages and he wouldnt return the calls.

During all of this, he had his rental agency contacting me about showing the apartment. They asked about a move-out date and I told them Nov 30th. Theyve found several people interested in moving in on the Nov 30th date. In fact, there are even raising the rent $600/month.

Yesterday, the landlord finally phoned me back. At first he was nice, until I told him Id be moving out on Nov 30th. This is when he began screaming, yelling, and then proceed to hang up on me. Id phone back, but he wouldnt take my calls.

Later that evening, I received written notice that lease offer is reneged and I have to be out by Oct 31st. It stated legal action would be taken to insure I was out by October 31st. If not, Id be responsible for $10,000/month Use and Occupancy and required to pay all legal fees. The U & O charges are more than 3 times rent.

To make matters worse, he has my security deposit equal to 1 months rent. I know hell make it difficult to get it back, if even at all.

Any advice on how I should proceed? Should I stay until Nov 30th?

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