Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
You owe the rent for the balance of the lease, even if another tenant is already found.
Leases are legal contracts. People in the situation of your friend often sublet for that reason.
It's ironic because they'd probably force someone to pay even if that person moved out because he/she brought a house. It just doesn't make any sense. People don't make life decisions when their lease expires.
The lease is a legal contract between both the tenant and the landlord, and it protects them both. Just like it isn't fair for the landlord to say, "Hey, I don't feel like having you live here anymore, get out" midway through a lease, leaving the tenant homeless, it also isn't fair for the tenant to say, "Hey, I don't feel like living here anymore" midway through the lease, leaving the owner income-less.
Quote:
Originally Posted by Harlem resident
You owe the rent for the balance of the lease, even if another tenant is already found.
The landlord can't double dip. The previous tenant is only on the hook for the apartment until a new tenant is found.
Oh yeah, and just to state - this is not a matter of eviction, but of collecting a debt. The guy has moved out, so there is no one to evict. He is, however, responsible for the rent until a new tenant is found and the management company will definitely attempt to collect. Whether that involves a direct lawsuit against your friend or, they choose to employee a collections agency, no one but the management company can answer (but I would put good money on the lawsuit route).
That's really sad considering a lawsuit cost more then the 4 months of rent. Also, the management co is stubborn and refuses to find a new tenant. They refuse to show the empty unit to anyone. I could recommend a friend now as a referral who is in dire need to move and they would decline saying the building has no available units. A deliberate lie even though money is being thrown at them.
That's really sad considering a lawsuit cost more then the 4 months of rent. Also, the management co is stubborn and refuses to find a new tenant. They refuse to show the empty unit to anyone. I could recommend a friend now as a referral who is in dire need to move and they would decline saying the building has no available units. A deliberate lie even though money is being thrown at them.
It's $20 to file a small claims suit in NYC. I'm not sure how much it is if the damages sought are over the small claims threshold, but I guarantee you its nowhere near 4 months of rent.
However, on the second point, the management company is breaking the law as they are required to make an effort to find a new tenant.
What I would do is go ahead and have your friend send them an e-mail asking if they have any available units. If they reply back saying that they do not, keep a copy of that. If it comes to court, that will go a long way to possibly having the case dismissed, or at least lowering the amount your friend would owe.
The lease is a legal contract between both the tenant and the landlord, and it protects them both. Just like it isn't fair for the landlord to say, "Hey, I don't feel like having you live here anymore, get out" midway through a lease, leaving the tenant homeless, it also isn't fair for the tenant to say, "Hey, I don't feel like living here anymore" midway through the lease, leaving the owner income-less.
The landlord can't double dip. The previous tenant is only on the hook for the apartment until a new tenant is found.
I don't think that's true. Following through or not is another story.
You can answer the question by selecting option A,B, or C below:
A. Will the remaining balance get sent down to a collections agency?
B. Or B, this will end up in housing court where he must defend himself?
C. All of the above.
Impossible to answer. Depends on the landlord and whether the apartment was regulated.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
