U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-28-2014, 08:28 PM
 
Location: NYPD"s 30th Precinct
2,444 posts, read 4,419,497 times
Reputation: 2461

Advertisements

Quote:
Originally Posted by Harlem resident View Post
Really ? Why ?
I lived there briefly years ago. I had just signed a lease on an apartment when I got a job offer back in NYC that I decided to take. I wanted to research my legal position with regards to having to break my lease.

Fortunately the management company was fine with it and we found a new tenant pretty much right away, so it wasn't a big deal.
Reply With Quote Quick reply to this message

 
Old 11-28-2014, 09:13 PM
 
20,616 posts, read 13,637,082 times
Reputation: 14258
Quote:
Originally Posted by Harlem resident View Post
That's exactly what I thought.
This is probably more of an issue with market rate tenants than RS today. I mean if an apartment is below market rate and in an area where the LL can get more in rent and or get the thing out of RS he will most likely be happy that the tenant is leaving.

OTOH if you are renting a condo, co-op and or in a situation where the LL cannot easily re-rent the unit then things may be different.
Reply With Quote Quick reply to this message
 
Old 11-28-2014, 09:36 PM
 
913 posts, read 1,818,417 times
Reputation: 274
The management company is not very bright.

They should just find a new tenant ASAP. Getting a new tenant is better because some money is always better than no money. Clearly they are not in the business of making money.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 09:07 AM
 
913 posts, read 1,818,417 times
Reputation: 274
They're the worst.

It is gut renovated. Anyone will take it.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 09:23 AM
 
Location: West Harlem
6,885 posts, read 8,198,948 times
Reputation: 3007
Quote:
Originally Posted by BugsyPal View Post
This is probably more of an issue with market rate tenants than RS today. I mean if an apartment is below market rate and in an area where the LL can get more in rent and or get the thing out of RS he will most likely be happy that the tenant is leaving.
Or in a RS unit do a gut-rehab and charge the tenant(s) for the time the place stood vacant, which they can do legally. This is common in Harlem.

How do people live here and not understand the terms of leases and all of the possible implications of breaking such.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 10:32 AM
 
913 posts, read 1,818,417 times
Reputation: 274
Leases are made to be broken just like cell phone contracts are. That's why the word "exception" exist in the English dictionary. They need to stop being difficult and just hurry up and get a new renter. Wasting time and energy doesn't equal 4 months of rent. Don't they know the definition of EXCEPTION?

Let's not talk about Harlem. That's a completely different story. Dangerous areas are not included in this conversation.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 11:23 AM
 
Location: West Harlem
6,885 posts, read 8,198,948 times
Reputation: 3007
Quote:
Originally Posted by q41apartments View Post
Leases are made to be broken just like cell phone contracts are. That's why the word "exception" exist in the English dictionary. They need to stop being difficult and just hurry up and get a new renter. Wasting time and energy doesn't equal 4 months of rent. Don't they know the definition of EXCEPTION?

Let's not talk about Harlem. That's a completely different story. Dangerous areas are not included in this conversation.
You are definitely a new transplant, which explains a lot.
Best of luck. You will need it.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 11:50 AM
 
12,973 posts, read 12,754,191 times
Reputation: 5419
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
Thanks for the fascinating NY Times article.

I follow this discussion pretty closely in a couple of places. The big problem here is that NY is basically weird and complex. I know of no other state or place that allows the tenant to basically sublease the place. And to be able to charge the tenant the full ride without attempting to rent it is unbelievable. Only in NY.

And then regulated and free market. My stars...

It does however sound like an attempt to rent would be required in Queens. So the tenant needs to do two things. Establish that he is out of the lease which should have been done by certified mail early on and try to build the documentation that the LL is not attempting to lease the place in the interim. I would also look into the NY requirement for service which can be difficult with an out of state defendant.
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 03:52 PM
 
913 posts, read 1,818,417 times
Reputation: 274
People seem to love to illegally sublet their place in NYC like it's a hotel and live elsewhere while they pocket 6K from using their secondary apartment like it's the Hilton Hotel or the Grand Hyatt. People do that all the time on AirBNB and it shouldn't be legal.

But also look what you're saying? Who wants to rent an apartment for 4 months to help finish out my friends lease? People don't have time to be lugging sofas and computer tables around every few months. It's NOT logical.

Here's the real kicker. Any accidental mail gets forwarded to Chicago and they sent him the lease renewal form today even though he already surrendered the keys and informed the management co he left months ago. Ain't that some $$!T!!!!??????
Reply With Quote Quick reply to this message
 
Old 11-29-2014, 04:29 PM
 
12,973 posts, read 12,754,191 times
Reputation: 5419
Quote:
Originally Posted by q41apartments View Post
People seem to love to illegally sublet their place in NYC like it's a hotel and live elsewhere while they pocket 6K from using their secondary apartment like it's the Hilton Hotel or the Grand Hyatt. People do that all the time on AirBNB and it shouldn't be legal.

But also look what you're saying? Who wants to rent an apartment for 4 months to help finish out my friends lease? People don't have time to be lugging sofas and computer tables around every few months. It's NOT logical.

Here's the real kicker. Any accidental mail gets forwarded to Chicago and they sent him the lease renewal form today even though he already surrendered the keys and informed the management co he left months ago. Ain't that some $$!T!!!!??????
You are missing the point. In virtually all RE that which is not in writing does not exist. So unless he has some proof that he ended the lease...like a receipt for the keys or a final walk through or such they are simply going to claim he has never broken the lease. Therefore they don't have to rent the place to a new tenant and he still owes the rent.

This is not hard stuff. But if you don't pay attention you will not make out well.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 06:46 AM.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top