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Posted by Mark Smith on August 16, 1999 at 23:35:58:

In Reply to: Breaking a lease posted by D. Tracy on August 16, 1999 at 23:11:10:

Was this a month-to-month lease? If it was, then your niece would probably have to give written notice no later than August 31st to cancel the lease as of September 30th. Using the security deposit instead of paying the last month's rent isn't legal, but it is practical.

However, if this was a longer lease, such as one year or more, the landlord might very well sue your niece, for lost rent, re-renting expenses, attorneys' fees, etc.

: My niece rents an apt. in NYC. She just moved from Pa. in July. Unfortunately
: she did not realize that her rent did not include utilities and that the parking
: was going to be over 300.per month...she cannot afford the rent and she wants
: to move out....she wants to use her security of $3,000.. for the last months rent
: she would like to give 30-days' notice...she is very responsible and clean, but
: not wise enough to the expenses of the big city....if she gives 30-days' notice
: and uses up her security for this last month does she run the risk of being
: sued??? Can someone let me know this info????

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Comments:
: Was this a month-to-month lease?  If it was, then your niece would probably have to give written notice no later than August 31st to cancel the lease as of September 30th.  Using the security deposit instead of paying the last month's rent isn't legal, but it is practical.

: However, if this was a longer lease, such as one year or more, the landlord might very well sue your niece, for lost rent, re-renting expenses, attorneys' fees, etc.


: : My niece rents an apt. in NYC. She just moved from Pa. in July.  Unfortunately
: : she did not realize that her rent did not include utilities and that the parking
: : was going to be over 300.per month...she cannot afford the rent and she wants
: : to move out....she wants to use her security of $3,000.. for the last months rent
: : she would like to give 30-days' notice...she is very responsible and clean, but
: : not wise enough to the expenses of the big city....if she gives 30-days' notice
: : and uses up her security for this last month does she run the risk of being
: : sued??? Can someone let me know this info????


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