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Old 11-28-2014, 09:08 PM
 
Location: Brooklyn, NY.
529 posts, read 321,644 times
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The landlord is an idiot. Poster says the keys were turned in; oh, so, therefore, the landlord accepted the keys to the unit from the tenant.
Unless, ifcourse the keys were _not_ given to the landlord or the super or his/her agent. But maybe to a friend or a neighbor.

Lease is over when tenants give back the keys; consider all the immigrants who leave their country and come to America while still having months left on their leases. If every landlord were to sue every tenant who leaves the country (or the state) it would be a crazy world.
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Old 11-28-2014, 09:08 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
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Quote:
Originally Posted by Febtober View Post
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.
Who requires a landlord to find a new tenant ?

I would also think housing court over small claims, and if the apartment is regulated housing court would probably be required.
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Old 11-28-2014, 09:09 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
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Quote:
Originally Posted by Huckleberry3911948 View Post
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.
Yes, the law reads this way.
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Old 11-28-2014, 09:10 PM
 
Location: Alexandria, VA
10,746 posts, read 19,113,497 times
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Obviously, q41apartments is clueless as to what a legal agreement means
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Old 11-28-2014, 09:13 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
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Quote:
Originally Posted by Febtober View Post
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).
Eviction is not about removing a literal body. It is about legal rights to a place, which exist in a legal contract. Once those rights are removed in housing court the body follows if need be.

Eviction proceedings are held all of the time for people who have moved out of the country. Otherwise, at any point they could return and demand that place to which they still have legal rights.

People are not quite right about the "double dipping." It is very much more complicated than that. What one person owes, what they agreed to pay in a legal document, is not necessary mitigated by another person - who might have been found only through additional cost to the landlord, who might not be paying the full rent, and so on.

Point is, you and/or your friend should ask a lawyer. I would advise Met Council on Housing but they are dealing with far more important things.
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Old 11-28-2014, 09:14 PM
 
Location: NYPD"s 30th Precinct
2,420 posts, read 4,208,576 times
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Quote:
Originally Posted by Harlem resident View Post
Who requires a landlord to find a new tenant ?

I would also think housing court over small claims, and if the apartment is regulated housing court would probably be required.

Quote:
Originally Posted by Harlem resident View Post
I don't think that's true. Following through or not is another story.
The landlord definitely has a requirement to make a good faith effort to find a new tenant in almost all states. Just do a quick google search for "landlord double dipping". The tenant is on the hook for the rent until the owner finds a new tenant, and the owner must also be making a good faith effort to search for a tenant. If the tenant breaks a year long lease one month into it, the landlord can't just put their feet up and collect rent from them for the next 11 months unless they're truly unable to find a replacement tenant.

I dealt with this back in California, so there I can tell you it's specifically Civil Code 1951.2. I'm sure New York State has a similar statute. Doing a little Googling, the only state I can find where a landlord does not have an obligation to mitigate their loss is Georgia.

Last edited by Febtober; 11-28-2014 at 09:23 PM..
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Old 11-28-2014, 09:19 PM
 
18,346 posts, read 11,759,347 times
Reputation: 11984
Quote:
Originally Posted by Mr.Gomar Holnyuk View Post
The landlord is an idiot. Poster says the keys were turned in; oh, so, therefore, the landlord accepted the keys to the unit from the tenant.
Unless, ifcourse the keys were _not_ given to the landlord or the super or his/her agent. But maybe to a friend or a neighbor.

Lease is over when tenants give back the keys; consider all the immigrants who leave their country and come to America while still having months left on their leases. If every landlord were to sue every tenant who leaves the country (or the state) it would be a crazy world.
No, a lease is *NOT* over just because a landlord receives back the keys. A judge *may* decide otherwise but written and properly executed lease cannot be voided merely by returning same. Unless the LL gives written consent and or the lease is voided by a housing court judge it and all provisions remain in effect until termination.

Standard boilerplate leases contain the same provision; tenant or tenants are obligated to pay rent amounts for the duration of the lease regardless. Document may also state what remedies the landlord may use if tenant leaves early without consent.

Tenants have been evicted for non-payment and *still* have judgments entered against them for whatever outstanding months remained.

Depending where in NYC one lives the LL may or may not be required to find a new tenant quickly in order to mitigate the remainder of the previous lease.

YOUR HOME - The Dos and Don'ts Of Breaking a Lease - NYTimes.com
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Old 11-28-2014, 09:22 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
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Quote:
Originally Posted by Febtober View Post
It's definitely illegal in almost all states. Just do a quick google search for "landlord double dipping". The tenant is on the hook for the rent until the owner finds a new tenant, and the owner must also be making a good faith effort to search for a tenant. If the tenant breaks a year long lease one month into it, the landlord can't just put their feet up and collect rent from them for the next 11 months unless they're truly unable to find a replacement tenant.
Other states do not matter. New York is quite different in just about every way and here even more so.

I would be very surprised if landlords are legally compelled to find tenants. I do not have time to research it, but if they are, I can think of many apartments that could (and should) be subject to this law.

In fact, that's why I think there is no law. But I would be very interested.
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Old 11-28-2014, 09:23 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
Reputation: 3000
Quote:
Originally Posted by BugsyPal View Post
No, a lease is *NOT* over just because a landlord receives back the keys. A judge *may* decide otherwise but written and properly executed lease cannot be voided merely by returning same. Unless the LL gives written consent and or the lease is voided by a housing court judge it and all provisions remain in effect until termination.

Standard boilerplate leases contain the same provision; tenant or tenants are obligated to pay rent amounts for the duration of the lease regardless. Document may also state what remedies the landlord may use if tenant leaves early without consent.

Tenants have been evicted for non-payment and *still* have judgments entered against them for whatever outstanding months remained.

Depending where in NYC one lives the LL may or may not be required to find a new tenant quickly in order to mitigate the remainder of the previous lease.

YOUR HOME - The Dos and Don'ts Of Breaking a Lease - NYTimes.com
That's exactly what I thought.
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Old 11-28-2014, 09:24 PM
 
Location: West Harlem
6,886 posts, read 7,852,127 times
Reputation: 3000
Quote:
Originally Posted by Febtober View Post

I dealt with this back in California, so there I can tell you it's specifically Civil Code 1951.2. I'm sure New York State has a similar statute.
Really ? Why ?
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