Posted by TenantNet on March 02, 1999 at 10:49:17:
In Reply to: Re: breaking a lease advice/help! posted by JBock on March 01, 1999 at 10:27:00:
There is no "Attorney General for RS/RC Apts". There's the AG which deals
with security deposits and there's DHCR that administers RC/RS. DHCR is
horrible and I wouldn't necessarily trust what they say. We hope the new
AG is better than the last, but they might no know about tenant law (historically
they avoid tenant issues) or you might have asked the wrong question. You
may indeed have a lease obligation (no matter what they say) until the
end of your lease term, unless your lease explicitly provides for 30 days
notice or you're a month-to-month tenant. Security deposit issues are
different. Leases can be broken by mutual agreement, by waiver, by one party
breaking the lease (by tenant nonpayment or nuisance, or LL lack of maintenance).
You can ask for sublet or assignment and on refusal, you can break the lease, etc.
If they LL wishes to enforce your obligation, he must show economic
damages (lost rent) and his attempt to mitigate his damages.
: And the saga goes on.... I decided to do alittle research on my own and I
: called the Dept of Housing who told me to contact the Attorney General for
: Rent Stablized and Controlled apts. They were super and told me that we had
: done everything right and that we showed good faith by paying the entire
: months rent when we didn't have to. They said that it is true and that with
: 30 days notice the landlord does have to let us out of the lease. They also
: said that he had 30 days from our move out date to return the security and
: that on the 30th day we could file a complaint with them and they would look
: into it. If they couldn't resolve it we could take him to small claims court.
: I plan on doing all of the above. One of my old doormen told me this weekend
: That he has a habit of doing this, never returns the security and is
: constantly in court with tenants. I don't plan to let this die with him - I
: have pictures of the apt taken on the day we moved out for court. Tenant net
: do you think there is anything else I should do? thanks again for all the
: help.
:
: Satori, you are quite uninformed. They sent a letter giving up possession.
: : READ the original post. They have moved out and don't want to live there.
: : Why do you babble? They are concerned about any continuing legal obligation
: : under the lease, and yes, they have a potential legal obligation unless
: : the LL accepted their leaving by agreeing to break the lease. His verbal
: : acceptance and lack of action (waiver) are defenses if he later claims to
: : the contrary. He must also attempt to mitigate his damages by trying to
: : re-rent the unit, but if there is a kickback scheme as the poster indicates,
: : that would taint his "good-faith" effort to re-rent.
: : : Well if you havenothing in writing i would think the apartment is legally
: : : still yours. why not sublet it out, at the same rent you paid.Or move back in,
: : : I think he has to go thru a lehgal process to evict you even if you did give him the
: : : keys.If you sublet it you will get your deposit back then, he willwant you
: : : to leave. well anyway the cost of him to kick you out of a rent stablized building
: : : i think is alot. keep the apartment. Go back there with a cop, and kick
: : : down the door if he won't let you back in if you gave him the keys. Show the
: : : cops your lease, and all the paperwork mail ectera.Also you could take
: : : him
: : : to small claims court.
: :
: : : : My boyfriend and I have recently asked our landlord about breaking our
: : : : lease in Chelsea, NYC. We have lived in this reant-stablized apartment
: : : : for almost three years and have decided to move out on our own accord.
: : : : Our landlord didn't make anything of it and asked us to send him a letter -
: : : : we did. Over a month has past and we have moved out - the apartment has
: : : : shown to others but not yet rented to our knowledge (this is a beautiful
: : : : doorman building, downtown). We have recently been told by a broker in
: : : : NYC that the landlord demands kickbacks from all brokers he deals with!
: : : : (ie: landlord takes 5% of brokers 15% fee!) In addition we were told that
: : : : NYC law says that any lease can be broken with one months notice to landlord
: : : : will no further responsiblilty to landlord going forward. Is this true?
: : : : Does anyone know what the name of this law is and where I can find it in
: : : : any state document? We haven't received our deposit back yet and have been
: : : : told again by this broker that he should have already returned it if the apt
: : : : is in good shape?? Please help I don't know what else to do and this guy
: : : : has been giving us trouble from day one of our orginal lease - I need
: : : : to find some way to take care of this - Thank you very much.
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