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Posted by Rob on November 14, 1997 at 12:55:36:

In Reply to: Re: breaking lease posted by Joe Dumela on October 13, 1997 at 06:59:01:

I'm in the process of breaking my lease (3 months left) and after 25 years as a renter getting out of Manhattan and buying a co-op in Queens.

Met Council on Housing proposed that we propose that the landlord keep the3 Security Deposit as our last month's payment --of course that did not fly with them (the All powerful Milsteins)--they want December's rent and the Security deposit as punishment.

We pay $2400 for a 2 bedroom/bath and the legally registered rent as of last year (before the new Draconian measures passed) was $3800 (hard to believe). So they were not unhappy about us leaving early.

Do we have any recouse or should we just view the lost security as ransom to get out of there?

Anyone have a similiar experience?

Thanks!

: 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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Comments:
: I'm in the process of breaking my lease (3 months left) and after 25 years as a renter getting out of Manhattan and buying a co-op in Queens.

: Met Council on Housing proposed that we propose that the landlord keep the3 Security Deposit as our last month's payment --of course that did not fly with them (the All powerful Milsteins)--they want December's rent and the Security deposit as punishment. 

: We pay $2400 for a 2 bedroom/bath and the legally registered rent as of last year (before the new Draconian measures passed) was $3800 (hard to believe). So they were not unhappy about us leaving early. 

: Do we have any recouse or should we just view the lost security as ransom to get out of there?

: Anyone have a similiar experience?

: Thanks!

:  : 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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