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Posted by Dan Poris on December 31, 1997 at 20:18:09:

In Reply to: Re: broke lease still paying rent, locks changed posted by Fred Lappert on December 31, 1997 at 04:25:25:

: : 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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: : : 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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