What would you do in my situation?

[NiceTenant]

Ok. Here's my problem. I've lived at my current apartment for the past 3 years. I signed a 1 year lease last December and so it expires at the end of this year. Now, I don't always pay the rent at the beginning of the month. The landlord has been lax about it because I never fail to pay the rent for any given month. Now I haven't yet paid the October rent and I saw an apartment that made me go wild and I just had to have it or I'd die. So I applied for the apartment and after and got it. (as of yesterday) I'm supposed to go sign the new lease tomorrow to move in at the beginning of november. Because I have to pay a month rent, a month security, and a month commission, I can't afford to pay my current apartment's rent, too. I want to consider my security deposit as the October rent. I know if I pay the rent, I won't get the deposit back because that is what happened to the previous tenant. Besides, he has to repair the floors and paint the apartment, and believe me, the apartment is in better condition now than when I moved into it. Would going ahead with my plan hurt me in anyway (besides getting yelled at by the landlord)? I really want this new apartment.

[MikeW]

If you walk away from the lease, the LL could sue you for the lost rent incurred till he rerents the apartment, or the lease runs out. He has to make a good faith effort to rerent the apartment.

If you're in a stabilized lease and have a below market rent, your LL may be glad to see you go. Otherwise, he could put up a fight.

[MikeW]

One more item. Your old LL can't deny a reasonable request to sublet the apartment. If you can find a sublettor, and let the LL know you're going to sublet for the rest of the lease term, then not renew, the LL may just let you out of the lease.

[NiceTenant]

OK. New developments though. Can you please check out my new post- Any truth to LL claims?