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Breaking Lease in NEW YORK

NYC Housing Court Practice/Procedures

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Breaking Lease in NEW YORK

Postby richie1 » Thu Sep 09, 2004 12:41 pm

This month I broke the lease due to termination of my job in Long Islands, NY. I faxed the following to the apartment manager:

1. My employer's letter of termination on letterhead addressed to my apartment manager 2. Vacation notice

The apartment still has my security deposit, which I'm willing to lose for terminating the lease. However the manager says that I'm still responsible till someone fills in the apartment. I dont 'think they are looking for one.

They say they can contact lawyer for the money I owe for the months the apartment in vacant.

I'm not sure how to approach. Does law excuses unforseen circumstances like Job termination. Where can I pay huge rents when I dont' have job?

When the manager sues me what options I have?

Or would somebody give me suggestions or tips or more light?

Thank in advance.
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Re: Breaking Lease in NEW YORK

Postby HardKnocks » Thu Sep 09, 2004 2:15 pm

You can't legally break your lease just because you lost your job. I wish. If this was the case, I wouldn't be spending my ENTIRE (well, a big 25 cents less than entire) unemployment check on my rent right now.

You can only get out of the lease if you get transferred to another city, I believe. All you can do now is the impossible... find someone to take over your lease, and find a cheaper apt. where the landlord is willing to take an unemployed tenant.

Yeah, I know. Welcome to my nightmare...
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Re: Breaking Lease in NEW YORK

Postby Anna » Fri Sep 10, 2004 8:52 am

This topic has been covered many times before.
Click search, set to 'all open forums', type ASSIGN
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Re: Breaking Lease in NEW YORK

Postby richie1 » Fri Sep 10, 2004 2:55 pm

Thank you both for responding.
I'll search this forum.

Yes I did leave NY state and moved to AL. Are you sure this is an exception?
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Re: Breaking Lease in NEW YORK

Postby Downtown » Sat Sep 11, 2004 9:12 am

Moving because you lost your job is not an exception.
LL has an obligation to try and rent as soon as possible (can't just sit and collect rent for rest of lease). Depends on the Housing judge what is considered reasonable...30 to 90 days. Also if rented for less than what you were paying could find you liable for the difference.
You might be unemployed...but probably would like to keep a good credit report. Your letter establishes the timeline...your deposit covers 30 days for LL to find a tenant. If one was found in less time LL would owe you a partial refund.
See how long it takes...then respond. Also check your lease for Breaking clause. LL has to show efforts of good faith. If it is rented in 60 days would probably just work out a payment plan.
PS: Just don't disapear as the court will rule anyway.
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Re: Breaking Lease in NEW YORK

Postby HardKnocks » Sat Sep 11, 2004 10:07 am

Moving is only an exception if your present job transferred you to another city, and even then I don't think the LL is required to let you... he's just more likely to cooperate than if you simply leave. Choosing to move doesn't count. You still have a lease. And remember that leases are geared to protect landlords, no matter what they say.
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Re: Breaking Lease in NEW YORK

Postby Cranky Tenant » Sat Sep 11, 2004 2:57 pm

Originally posted by richie1:
Thank you both for responding.
I'll search this forum.

Yes I did leave NY state and moved to AL. Are you sure this is an exception?
As far as I know this is NOT an exception. The question is whether your LL will sue you if you're no longer in New York State.

Some larger management companies seem to be turning these over to collection agencies, who will try to collect if they know where you are.
I'm a cranky tenant NOT a cranky lawyer.
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