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Posted by Fred Lappert on December 31, 1997 at 04:25:25:

In Reply to: broke lease still paying rent, locks changed posted by Dan Poris on December 29, 1997 at 16:12:44:

: I recently broke my lease and was informed by my landlord that I would have to keep paying him until the place was rented out. He placed an ad in the paper, but so far apartment is unrented. I recently returned to check my mail and was suprised to see the locks were changed. I am paying rent for an apartment for which I don't live in or for which I can not gain access to. Can I use this in order to break my lease? I also was recently advised that the landlord (in a complex of six or more apartments) is required to put the security deposit in a seperate account and that partial interest should be given to the tenant each year. Not only have I not received such payments, but I have reason to believe the security deposit is not in an account. I live in Albany N.Y. Is this anything i can use to break my lease?

The changing of the locks, is in my opinion, sufficient to break the lease
in that the owner himself broke the lease. I would not pay the guy. Let him
come after you -- put the shoe on the other foot. Although it appears he is
attempting to rerent the place and technically you're responsible for
the term of the lease, it this case the owner is in breech. See the CTRC
fact sheets on the web site regarding the deposit. You won't get it back, so
I would take it out of any rent still due.

Follow Ups:

• Re: broke lease still paying rent, locks changed Dan Poris 12/31/97 (0)

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Comments:
: : I recently broke my lease and was informed by my landlord that I would have to keep paying him until the place was rented out. He placed an ad in the paper, but so far apartment is unrented. I recently returned to check my mail and was suprised to see the locks were changed. I am paying rent for an apartment for which I don't live in or for which I can not gain access to.  Can I use this in order to break my lease? I also was recently advised that the landlord (in a complex of six or more apartments) is required to put the security deposit in a seperate account and that partial interest should be given to the tenant each year. Not only have I not received such payments, but I have reason to believe the security deposit is not in an account. I live in Albany N.Y. Is this anything i can use to break my lease?

: The changing of the locks, is in my opinion, sufficient to break the lease
: in that the owner himself broke the lease. I would not pay the guy. Let him
: come after you -- put the shoe on the other foot. Although it appears he is
: attempting to rerent the place and technically you're responsible for
: the term of the lease, it this case the owner is in breech. See the CTRC
: fact sheets on the web site regarding the deposit. You won't get it back, so
: I would take it out of any rent still due.


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