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Old 07-07-2010, 11:07 PM
 
2 posts, read 3,542 times
Reputation: 10

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Hi folks,

here's my situation- my lease on my place in NYC runs out October 1st, and I have paid a deposit equal to one month's worth of rent. I am starting grad school across the country on August 23rd. I have already secured the place by school, with the lease starting August 1st. I should also mention that my relationship with my management company is an antagonistic one.

The way i see it, I have option 1 - basically abandoning the place on Aug 1st, giving the keys to the super and disappearing.

Option 2 - Paying for half of August and then handing in the keys.

I lose the security either way.

Which option do you guys feel is more feasible and can the landlord some after me is I basically close my NY accounts, change my phone and disappear?

Thanks in advance,
KJ
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Old 07-08-2010, 06:44 AM
 
982 posts, read 3,850,106 times
Reputation: 498
It's not that he would come after you but he could file the bad debt with Equifax (does he have your SS?) if it's worth the expense to take it through an uncontested court case. It might not be worth it since he couldn't collect anything.
You do have one thing in your favor however. By offering to surrender the space, voiding the lease, giving possession immediately that would allow the LL to proceed to re rent and not have to sit and fume for a couple of months. Management can threaten and sputter all they want but if I was the LL I would want to get on with looking for a new tenant.
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Old 07-08-2010, 09:54 PM
 
Location: NY,NY
2,899 posts, read 8,321,447 times
Reputation: 2021
Quote:
Originally Posted by K_J_Pall View Post
Hi folks,

here's my situation- my lease on my place in NYC runs out October 1st, and I have paid a deposit equal to one month's worth of rent. I am starting grad school across the country on August 23rd. I have already secured the place by school, with the lease starting August 1st. I should also mention that my relationship with my management company is an antagonistic one.

The way i see it, I have option 1 - basically abandoning the place on Aug 1st, giving the keys to the super and disappearing.

Option 2 - Paying for half of August and then handing in the keys.

I lose the security either way.

Which option do you guys feel is more feasible and can the landlord some after me is I basically close my NY accounts, change my phone and disappear?

Thanks in advance,
KJ
Pay the two months rent you owe for August and September, and take off for grad school. Leave a forwarding address in order that the LL can forward your security deposit---presuming such is warranted.

Anything other than would be a breach of contract and illegal---PERIOD!

Why do you wish to not live up to your obligations, and steal from your LL?
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Old 07-08-2010, 10:24 PM
 
982 posts, read 3,850,106 times
Reputation: 498
Quote:
Originally Posted by jcoltrane View Post
Anything other than would be a breach of contract and illegal---PERIOD!

Why do you wish to not live up to your obligations, and steal from your LL?
It's an anonymous blog where people seek anonymous advice, some of which might be less then the legal standard. OP wants to know the odds of skipping out on the lease without repercussions, not a scolding from his mother. What's the point of regurgitating the obvious.
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Old 07-09-2010, 12:37 PM
 
8,268 posts, read 8,528,563 times
Reputation: 10250
I'm confused as to why you only see two options, both of which are rather unethical.

How about:

Option 3: Write as polite a letter as possible to your LL apologetically explaining the situtation and asking to be released from your lease.

Option 4: Finding someone to take over the lease and politely asking the LL if that would be acceptable.

Your security deposit is NOT intended to be used as rent, and if you suddenly disappear, this could come back to haunt you. It's not worth the potential trouble for a measly two months' rent and it doesn't speak well of you.
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Old 07-09-2010, 01:37 PM
 
461 posts, read 1,768,020 times
Reputation: 361
Quote:
Originally Posted by Cida View Post
I'm confused as to why you only see two options, both of which are rather unethical.

How about:

Option 3: Write as polite a letter as possible to your LL apologetically explaining the situtation and asking to be released from your lease.

Option 4: Finding someone to take over the lease and politely asking the LL if that would be acceptable.

Your security deposit is NOT intended to be used as rent, and if you suddenly disappear, this could come back to haunt you. It's not worth the potential trouble for a measly two months' rent and it doesn't speak well of you.
I agree with Cida's comment. Thats the best route to take and the most ethical. Obviously, Modsquad's recommendation is be to screw the landlord and leave him high and dry. Why am I not surprised? And this is coming from a guy that claims to works for landlords. Boy, I'd hate to have you on my power team representing MY best interest, not yours. I can just imagine all the misinformation you feed your Landlord clients especially considering you are so pro-rent stabilization and anti-landlord. I can also imagine how many cases you have sabotaged for you Landlord clients.
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Old 07-09-2010, 02:57 PM
 
Location: NY,NY
2,899 posts, read 8,321,447 times
Reputation: 2021
Quote:
Originally Posted by victorfox View Post
I agree with Cida's comment. Thats the best route to take and the most ethical. Obviously, Modsquad's recommendation is be to screw the landlord and leave him high and dry. Why am I not surprised? And this is coming from a guy that claims to works for landlords. Boy, I'd hate to have you on my power team representing MY best interest, not yours. I can just imagine all the misinformation you feed your Landlord clients especially considering you are so pro-rent stabilization and anti-landlord. I can also imagine how many cases you have sabotaged for you Landlord clients.
Personally, I am having a hard time conceiving of WHAT capacity his work could entail!

Property manager? Para for some atty.? Court clerk? Nope, no exhibition of the certain knowledge and experience needed for those capacities.

So what, what capacity could there be that is in the interest of the LL, while personally anti-interest? Only two possible to my eye:

1) Super!

2) Activist at some non-profit which 'helps' tenants. They're often called "tenant representatives". Generally they can speak and write English better than some tenants, but have little to no more knowledge nor experience----just their righteous (socialist??) indignation regarding the concept of rent!
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Old 07-09-2010, 05:11 PM
 
982 posts, read 3,850,106 times
Reputation: 498
You two are pretty funny. If I was a tenant advocate why would I be encouraging someone to take another apartment out of RS? The LL has full control over his destiny. If he offered 25 he might pay 35, either way he wins in the long run. The current tenant makes off with some extra cash thanks to NYS/NYC. The only person who loses is a future tenant who might of been able to enjoy a few years of RS rent. A lost client in my little storefront "Mr. Tenant Advocate Modsquad" (maybe I should change my name to ModSquat, get it?) Victorfox, if you truly had your boss's interest in mind you would encourage the buying out of all RS/RC tenants instead of wasting your time spewing misinformation and bleating about the hard times that never actually come.

jcoltrane, If your only contribution to this blog is to remind people how dishonest they are or gratuitous advice about being a responsible adult then why bother posting. We already know what you're going to say. Think of all the virtual trees you are wasting with your reams of long winded bloviating.
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Old 07-11-2010, 11:06 AM
 
2 posts, read 3,542 times
Reputation: 10
Thanks you all for the advice.
I have attempted to find a subletter for the place, but its in such dismal repair, that there have been no takers and I've had 10 people here. I am also working with the original broker, who has been showing the place, so I feel I've done my due diligence on that front.
Like I've said above, the relationship with the landlord is very antagonistic. Polite communication does not work. After a month of politely asking for an exterminator to deal with a bed bug infestation, I got a phone call screaming how it was my responsibility to deal with it ( untrue in NYC). we had to have the city inspectors in this winter because the windows would not close fully. I honestly don't see her returning my security deposit at all. I'm also in contact with a couple of former tenants who have followed all the rules and are still waiting for the SD's a year or more later. The ethics of this are a bit shaky, but I see zero reason to gift her with 1900 bucks for an apt I won't be in, after all the **** she put me though.
So thank you for the useless lecture JColtrane, really.

Modsquad- they do have my SSN. The way I see it, because the place is in Queens, theyre required to attempt to mitigate their losses, right? Realistically speaking, the place can be rented within a month, in which case they dont lose much if anything. And it would cost enough to file, find me, serve me and obtain a judgement than the 950 they may lose out on.
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Old 07-11-2010, 12:14 PM
 
982 posts, read 3,850,106 times
Reputation: 498
You still have the option to surrender the place and void the lease, releasing you from responsibility and giving the LL immediate possession. If they take back the apartment without properly evicting you, you could show up a month from now and say,"What the Hell!", sue for triple damages.

All you need is one paragraph stating" Such and such lease between you and her entered into on such and such date is hereby null and void and no longer in effect as of such and such date.
Up to you if you want to press for SD return or not.
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