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Re: Break Lease To Buy A Home

Posted by TenantNet on November 08, 1998 at 12:34:38:

In Reply to: Re: Break Lease To Buy A Home posted by Amy on October 28, 1998 at 14:43:50:

: :
: : My wife and I are buying a home and the closing will be one month before the end of our lease. The property manager told us she would not release us from the lease even for 1 month. Several people have commented that NYS has a law that gives us the right to teminate the lease if buying a home as long as we give ample notice. Anyone heard of such a thing?

: : Thanks

: You should call the DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION (718) 739-6400. Or you could try to sublet your apt. for a month. You could also try to move out a month early and not pay the rent, so they will keep the deposit. You may risk your landlord taking you to court, but do you think she will for one months rent?

We don't know whether or not this tenant is rent regulated (the area that DHCR covers), but even rent regulation does not cover this situation. And we've never heard of a law if a tenant buys a house. But using the deposit as last month's rent (the last month you live there) is what a number of tenants do. The owner could make a claim for the last month of the lease, but would need to file suit.

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