Posted by me on January 04, 2002 at 17:05:37:
In Reply to: Breaking Lease (need advice!!!) posted by NYCer on January 04, 2002 at 16:34:24:
He has no basis for charging a "penalty" whether you pay the January rent or not. The important thing is that you should be able to prove the new lease begins when you leave. Assuming that is the case, you should be in a strong position.
I would lean slightly in favor of paying January rent and suing for the security deposit.
: I am breaking my lease 6 months early. My landlord has already rented the my apartment to a new tenant -- the new lease will begin on my termination date (no gap in the rental of the apartment). Despite having re-rented the apartment, my landloard wants me to pay one month's rent penalty. I still have not paid January's rent (leavinging on the 28th of January). I am planning on saying take my security deposit (1 months rent) as January's rent and I refuse to pay the penalty. Thoughts?
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