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Old 11-28-2014, 07:11 PM
 
913 posts, read 1,688,888 times
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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.
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Old 11-28-2014, 07:17 PM
 
Location: Not where I want to be
4,827 posts, read 6,928,029 times
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Quote:
Originally Posted by Harlem resident View Post
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.

Completely and utterly UNTRUE.
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Old 11-28-2014, 07:31 PM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,194,177 times
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Quote:
Originally Posted by q41apartments View Post
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 View Post
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.
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Old 11-28-2014, 07:33 PM
 
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A, B, or C?
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Old 11-28-2014, 07:35 PM
 
Location: southern california
55,237 posts, read 72,402,860 times
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what part of lease is so hard to understand. if you have option to sublease YOU need to get the renter and put him in there bek YOU owe the money.
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Old 11-28-2014, 07:35 PM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,194,177 times
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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).
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Old 11-28-2014, 07:53 PM
 
913 posts, read 1,688,888 times
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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.
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Old 11-28-2014, 08:02 PM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,194,177 times
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Quote:
Originally Posted by q41apartments View Post
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.
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Old 11-28-2014, 08:05 PM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by Febtober View Post
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.
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Old 11-28-2014, 08:06 PM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by q41apartments View Post
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.
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