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Old 11-28-2014, 05:27 PM
 
913 posts, read 1,688,888 times
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A very close friend of mine relocated to Chicago for his job. He still had 4 months left on his lease. He informed the management company that he has to move because of his job and didn't intentionally mean to break his lease. It was a career choice. He surrendered his key and moved out, but they said he still must pay the remaining 4 months. He doesn't have access to the apartment, he's in another state, but they keep send monthly rent invoices as if he still lives there and they refuse to show the unit till his lease is up.

It seems kind of silly because its best to just hurry up and try to fill the empty unit rather then play this silly game. He's been gone for 2 months already. I am sure its grounds for eviction after failing to pay rent for 2 months, but how do you evict someone who isn't living there? The next step would be eviction.

He asks me to pick up his mail if anything comes to the old address and i just feel horrible for him. Is this going to court or the remaining balance will get sent down to a collection agency? He tells me to keep updated. Anyone know?
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Old 11-28-2014, 05:33 PM
 
Location: NYPD"s 30th Precinct
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I'm not sure why you posted this in the NYC forum, but regardless, generally speaking he is on the hook for the rent until they find a tenant.

On the other hand, the landlord has a requirement to make an effort to actually be finding a tenant. They can't just sit around until the lease is up before they start looking. So if they found one tomorrow, your friend would still owe them two months of rent, but can wash his hands of the situation beyond that.
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Old 11-28-2014, 05:36 PM
 
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if he turned in the keys can they treat the matter as a "quit"?
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Old 11-28-2014, 05:48 PM
 
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@Febtober - it's here because he used to live in NYC. The apartment was in Queens.

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.

It's unfortunate they aren't working with him. So that makes me wonder - how do you evict someone who isn't there?

What happens in a quit situation?
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Old 11-28-2014, 05:59 PM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by q41apartments View Post
What happens in a quit situation?
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.
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Old 11-28-2014, 06:34 PM
 
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That is so strange. People have the right to go through certain life events. It shouldn't revolve around a lease. Exceptions should be made for certain circumstances.
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Old 11-28-2014, 06:36 PM
 
Location: West Harlem
6,886 posts, read 7,822,965 times
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Quote:
Originally Posted by q41apartments View Post
That is so strange. People have the right to go through certain life events. It shouldn't revolve around a lease. Exceptions should be made for certain circumstances.
"Strange" in which universe ?

This does not make sense, except that you must have little experience with New York leases ...? Or leases in general. I could not imagine what you might mean by "shouldn't." According to whom ?

Leases are legal agreements that mandate payment of a certain amount over a series of increments. Emphasis on legal agreement, which means enforceable by law.

The contract may be considered broken by either of the parties - the tenant may stop paying, or the landlord may withhold services that are deemed a part of the contract. Landlords will sometimes not enforce their rights under contracts, but this does not mean that they do not have the right to.
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Old 11-28-2014, 06:42 PM
 
Location: Confines of the 101 Precinct
19,086 posts, read 32,655,211 times
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Quote:
Originally Posted by q41apartments View Post
That is so strange. People have the right to go through certain life events. It shouldn't revolve around a lease. Exceptions should be made for certain circumstances.
It's a contract - you can't just break it like that. I broke my lease before - but I did it the right way. I got approved for a M-L co-op, yet I had 4 months left on my lease where I was currently renting. However, I knew I could get approved at any moment, so I anticipated that, and prepared for it. I gave my LL 2 months rent upfront and told him to keep my 2 security deposits (I didn't have great credit at the time) and that satisfied the remainder of my lease arrangement. But I made sure I had that extra cash sitting around for the 2 months rent.
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Old 11-28-2014, 06:49 PM
 
913 posts, read 1,688,888 times
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But how do you evict someone from an empty apartment?
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Old 11-28-2014, 07:06 PM
 
Location: Confines of the 101 Precinct
19,086 posts, read 32,655,211 times
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Quote:
Originally Posted by q41apartments View Post
But how do you evict someone from an empty apartment?
Your friend signed an agreement to stay there for a certain amount of time for a certain amount of money. Your friend left before time was up without paying in full the amount stated on said lease. What's so hard to comprehend?
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