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Since you're in a luxury building, I'm sure the management company has lawyers in house on stand by. I think you should use your security deposit for 1 months rent and then just pay the remaining month 2 leave on good terms and move on with your life. Just pay the current month and leave at the end of the 2nd month which will come from your security. I know 2,100.00 is a lot and I feel like they're rude by forcing you to become a realtor and find a replacement tenant for them.
Since there's only 2 months left, you should use your security deposit for 1 month and if your rent is not that expensive, I'd pay the remaining month and just move on with my life. You could also choose to not pay and I doubt anyone would chase you down for 1 month.
Why should you help them find a new tenant? Are you getting a. Realtor fee/commission for doing their job?
Don't fall into their ridiculous trap. I doubt they'll even give you your deposit back.
The security deposit is for possible damages and cannot be used as the "last month's rent".
If first and last month rent was paid in addition to the security deposit that is a different story.
Original poster, you put in an ad, ask around where you work, school, etc. or have the broker look around and find someone and pay the $250.00 fee or you move and pay the last 2 months rent.
Since you're in a luxury building, I'm sure the management company has lawyers in house on stand by. I think you should use your security deposit for 1 months rent and then just pay the remaining month 2 leave on good terms and move on with your life. Just pay the current month and leave at the end of the 2nd month which will come from your security. I know 2,100.00 is a lot and I feel like they're rude by forcing you to become a realtor and find a replacement tenant for them.
It's your choice.
Just fyi most leases in NYC prohibit using your security deposit in lieu of rent, so that's probably a non-starter. As well, in NYC, landlords are NOT required to mitigate a tenant's damages. However, if you offer up another qualified tenant, the landlord must assign the lease to that tenant and/or release you from your responsibilities within 30 days, or give a reasonable explanation for turning down the proposed tenant. The trick is finding a “qualified†tenant, as a landlord is allowed to reasonably withhold consent
You clearly don't understand that a lease is a legally binding document; just because your life circumstances change doesn't mean that you can forego your legal obligations. While, yes, landlords could be understanding, realistically, would you ever actually expect them to?
I'm not a LL. I'm just a civilized human being that knows right from wrong. I get no joy from trashing a place that I live in. I'm a LL dream tenant.
Only a werewolf or some savage would wreck their own apartment.
Werewolves and Savages do not tear up their own homes, it is tough to tear up a cave in the woods.
Please quit degrading them, they do not appreciate it at all, besides they do not rent.
I will say this one time and you can believe it or not.
One only has to be a human who does not care about someone else's property and generally those who boast about being a landlord's dream are the worse renters. (according to my landlord who has many years of experience being a landlord)
Only an individual with no morals and values would ruin a home they live in. I'm not one of them.
I understand it's a binding contract. People dont wait for their leases to expire to buy a house, get married or have kids. If a couple gets married, live in a 1 bedroom and would like to raise their child in a larger apartment like 2 or 3 bedroom or a house, they have the right to. They don't wait till the kid grows a year or 2 to fulfill their lease obligations.
I totally understand where you are coming from with the binding contracts, but like a contract, the word "exceptions" exist and therefore exceptions should be made and granted based on circumstances that arise.
With you saying that " would you ever expect a LL to understand" is just a clear indication of how backwards the world is and that LL and management companies do nothing but take advantage of the weak because we all know at the end of the day, people need shelter and a roof over their heads. Lousy LL and management companies just bank and revel in the fact that a tenant won't leave because it's the hardest thing to constantly pack and move heavy furniture and it's exhausting. Nobody gets any pleasure from constantly having to move.
It's that age old saying "the strong do what they can, and the weak suffer what they must". The weak being tenants who get taken advantage of.
By the way, almost all my friends use their security on last month's rent. No LL or management company has ever said anything. They actually prefer that because the LL/MC already spent the deposit ages ago when the lease was signed. They have no time to run around and try to produce money they already spent or aren't willing to return.
Have a good Memorial Day weekend!
Last edited by NYCLotteryGurl; 05-23-2015 at 12:40 AM..
The security deposit is for possible damages and cannot be used as the "last month's rent".
Although the security deposit is supposed to be for possible damages, many people use it to cover the last month's rent (instead of paying the last month rent) and I don't see how landlords can stop this practice.
Although the security deposit is supposed to be for possible damages, many people use it to cover the last month's rent (instead of paying the last month rent) and I don't see how landlords can stop this practice.
It is, of course, very standard practice in NYC.
But that does not stop landlords from trying scaring tenants away from using their security payment as rent. See, landlords incorrectly think that the tenant's money in escrow belongs to the LANDLORD.
Landlord: But your honor, she didn't pay last month's rent. Judge: Are you holding her security deposit? Landlord: Yes Judge: For how much? Landlord: One month's rent. Judge: Well then, keep it. Case dismissed.
Can you imagine any judge ruling differently?
OP...
Tough call: $4300 or the aggravation of finding a tenant and it WILL be aggravating. And if it takes a few weeks to find one, the $4300 becomes $2150.
Idea: Ask your new company if they will pick up the cost of your remaining lease. If they want you bad enough, they might.
Last edited by Kefir King; 05-23-2015 at 05:42 AM..
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