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Posted by Joe Dumela on October 13, 1997 at 06:59:01:

In Reply to: breaking lease posted by katman on October 09, 1997 at 06:56:33:

: If I break the lease on an apt. in manhattan, does landlord automatically
: keep the security deposit?

Let's put it this way, when will they not keep the deposit, whether or
not you break the lease? And it's not just in NYC.

: what proof does he have to show me that he cant rent it, other than my
: physically going to see that it is not rented.

In NYC it's case law that he has an affirmative duty to "attempt" to
rerent the place. But that's only in court and if the judge knows about
it. This would practically only apply in civil court (if the LL took
you to court to recover months of unpaid rent -- not housing court as
you would already be out of occupancy) or in small claims court if
you went after him to recover a deposit. In either case, he must show
damages. But many lazy judges will assume that if you moved out
the owner suffered damages.

: I think it is a desirable apt and will go quickly in manahttan-but what
: are my options not to get stuck for 9 remaining months of a lease?

take a risk

Follow Ups:

• Re: breaking lease/SECURITY DEPOSIT - NEED HELP Rob 11/14/97 (0)

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Comments:
: : If I break the lease on an apt. in manhattan, does landlord automatically
: : keep the security deposit?

: Let's put it this way, when will they not keep the deposit, whether or
: not you break the lease? And it's not just in NYC.

: : what proof does he have to show me that he cant rent it, other than my
: : physically going to see that it is not rented.

: In NYC it's case law that he has an affirmative duty to "attempt" to
: rerent the place. But that's only in court and if the judge knows about
: it. This would practically only apply in civil court (if the LL took
: you to court to recover months of unpaid rent -- not housing court as
: you would already be out of occupancy) or in small claims court if
: you went after him to recover a deposit. In either case, he must show
: damages. But many lazy judges will assume that if you moved out
: the owner suffered damages.

: : I think it is a desirable apt and will go quickly in manahttan-but what
: : are my options not to get stuck for 9 remaining months of a lease?

: take a risk


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