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Posted by gary on October 18, 1997 at 14:34:04:

In Reply to: Re: Vacating early. Owe lease money ??? posted by Fred Lappert on October 16, 1997 at 10:44:12:

: : My 2-year lease ends Dec. 31, 1998.
: : I plan to move out before Dec 31, 1997.
: : I am being told that if the landlord does not rent out the vacated apt for the remaining year (til Dec. 31, 1998), that I may owe him the money lost during that period. How can I rid myself of this possible debt without trying to sublease the apt?

: : Thanks for any follow-up.
: : Paul Servas 10/15/97

: In many areas it's not if he actually re-rents it, but he must
: make a good-faith effort to try to re-rent it. If he tries and
: fails, then you got problems. He must demonstrate actual damages
: and (in many areas) he must attempt to "mitigate his damages."

Another thought: Why not try to sublease it yourself? If you live in NYC, the apartment market is so hot that you should have absolutely no trouble doing so -- there's plenty of time till Dec. 31-- and the landlord (at least in a rent-stabilized building, and maybe non-rent stabilized) cannot unreasonably withhold permission to sublease.

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: 
: : : My 2-year lease ends Dec. 31, 1998. 
: : : I plan to move out before Dec 31, 1997.
: : : I am being told that if the landlord does not rent out the vacated apt for the remaining year (til Dec. 31, 1998), that I may owe him the money lost during that period. How can I rid myself of this possible debt without trying to sublease the apt?

: : : Thanks for any follow-up.
: : : Paul Servas   10/15/97

: : In many areas it's not if he actually re-rents it, but he must
: : make a good-faith effort to try to re-rent it. If he tries and
: : fails, then you got problems. He must demonstrate actual damages
: : and (in many areas) he must attempt to "mitigate his damages."

: Another thought: Why not try to sublease it yourself? If you live in NYC, the apartment market is so hot that you should have absolutely no trouble doing so -- there's plenty of time till Dec. 31--  and the landlord (at least in a rent-stabilized building, and maybe non-rent stabilized) cannot unreasonably withhold permission to sublease.


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