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Old 10-24-2017, 09:31 PM
 
Location: New York, NY
6,666 posts, read 5,938,570 times
Reputation: 5899

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Some rent stabilized landlords love that you're leaving. In fact, in some cases you can even sell your lease. They will love it.
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Old 10-24-2017, 09:49 PM
 
10 posts, read 18,615 times
Reputation: 12
Unfortunately, they told me I cannot terminate my lease.
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Old 10-24-2017, 11:08 PM
 
6,680 posts, read 8,186,955 times
Reputation: 4871
This happened to me once, landlord wouldn't let me out OR sublet, I had to pay two rents for 8 months. NOT fun. However your landlord sounds like an 8ss. I wouldn't not give up the other place because of him.
Most likely they need the building filled by the end of the year so I can't see them letting you in any later then what they gave you.
Try telling your landlord you will give him your sec deposit and an extra month rent, money talks and he just may say ok.
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Old 10-25-2017, 06:32 AM
 
Location: Rockaway Park
29 posts, read 100,775 times
Reputation: 15
Where in Sunset Park? How long would sublet be? PM rent please, thank you
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Old 10-25-2017, 08:00 AM
 
Location: NYC
375 posts, read 321,143 times
Reputation: 204
Quote:
Originally Posted by livingsinglenyc View Post
This happened to me once, landlord wouldn't let me out OR sublet, I had to pay two rents for 8 months. NOT fun. However your landlord sounds like an 8ss. I wouldn't not give up the other place because of him.
Most likely they need the building filled by the end of the year so I can't see them letting you in any later then what they gave you.
Try telling your landlord you will give him your sec deposit and an extra month rent, money talks and he just may say ok.
Exactly! Especially if its better, lol!

I'm glad I wasn't in a lease when I moved because management only gave me 2 weeks to move and my landlord took a 3rd of my deposit for BS reasons!
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Old 10-25-2017, 03:45 PM
 
31,639 posts, read 26,497,167 times
Reputation: 24466
Wish persons would simply stop with knee jerk pat responses. It just provides false information.


Not every RS apartment is below market rate and in Manhattan/hot areas of Brooklyn. Those are possibly the *ONLY* such apartments were landlords jump at a tenant leaving before lease is over. Closer to market rate and or for host of other reasons a LL may very well not be eager to see tenant break a lease. Especially one that is relatively new.


Bottom line is all leases are legally binding contracts. Absent clauses written into statue they cannot be terminated easily or at all.


OP's situation is no different than someone who signed a renewal lease but found a week or so later perhaps a "better" apartment, and or "something came up....". Whatever the reasons they do not alter facts on the ground.


"David Ng, a Manhattan landlord-tenant lawyer, said that most leases make tenants responsible for paying rent for the full term even if the tenant vacates the apartment. But there may be a way around that problem. Under the state's Real Property Law, Mr. Ng said, a tenant can ask for permission to assign the lease to a substitute tenant. The landlord can then consent, and accept the new tenant; he can deny consent, but nevertheless release the original tenant from the lease; or he can deny consent and refuse to release the original tenant from the lease.
If the landlord takes the third option, and a court finds that the denial was unreasonable, the tenant is released from the lease. (Mr. Ng noted that with an assignment, as with a sublet, the original tenant remains liable for the rent if the new tenant fails to pay.) "


http://query.nytimes.com/gst/fullpage.html?res=940DE3D71F3CF937A25752C1A9629C8B 63


Furthermore OP didn't "have" to sign a renewal lease; but made the conscious decision to hedge his/her bets. Well sometimes you eat the bear, and sometimes the bear eats you.

Last edited by BugsyPal; 10-25-2017 at 03:57 PM..
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Old 10-25-2017, 03:52 PM
 
31,639 posts, read 26,497,167 times
Reputation: 24466
Quote:
Originally Posted by Aquarius37 View Post
RUN, don't walk. Tell your landlord you now have a rent-stabalized apartment that you won via lottery. The worst thing to happen is they will take you to housing court, but YOU WILL WIN and get out of the lease. Just keep whatever you were paying in escargot, and it should all be good!!! In case anything happens, which it shouldn't because Big Bill has made it adadamently clear that those of us who win these housing lotteries won't get butt-farked by predatory landlords anymore. Try to be as civil as possible and offer to find a new tenant though. Congrats. Many of us are very jealous to be in your position.

Don't say that because it just isn't true.


Having legal action taken against one is something *NOT* to be taken lightly. Especially today when all such actions are archived for God and the world to see via one click on Internet.


Two you have *NO* idea how dangerous and reckless such advice is to anyone.


In cases where a tenant breaks lease early they are legally responsible for *all* unpaid rent for term and or perhaps legal fees as well. Absent clearly defined legal reasons a LL is legally entitled to collect such sums and or seek a judgment for same.


That is what a LL *could* do; neither you nor I for that matter know exactly what course of action would be taken, and or what the particular HC judge assigned will rule.
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Old 10-25-2017, 04:07 PM
 
31,639 posts, read 26,497,167 times
Reputation: 24466
Quote:
Originally Posted by spinmuse View Post
Thanks everyone - I've been in apartment for a little over a year, and had building had SERIOUS issues when we were moving in... aka it was brand new and a few days before everyone's move in date they said it wasn't ready so we were homeless for a week - then go to move in a week after the move in date, no heat or hot water, for an entire month.

I've been dealing with a funky smell in the bathroom, haven't complained about it in a while to them because they don't believe me (even though they swaped out my toilet after a month of complaining) and I'm never home when the super is around to deal with it. It comes and goes, for no reason, hard to nail down.

I flat out asked my management company if I could be absolved of the lease, they said "you cannot terminate your lease."

I am wondering if they reject my lease assignment or sublet request once I find someone... then what happens?!

The housing lottery wanted me to sign the new lease TODAY and I asked them to push it back (didn't give a reason) to the end of next week.

I also know that they are having trouble filling the building I'm in because the rent is still high (I want to move to this building for social / work reasons, I'll die alone in Sunset Park) and wondering if that could work to my advantage if I ask for more time if I havent found someone in a week?


Can see nothing above that "works in your favor". The last paragraph indeed seems like the reverse; a LL already *has* a tenant paying the so called "high rent"; that would be you. Thus they may not have very much incentive to find anyone else sooner than they would otherwise (before your current newly signed renewal lease ends).
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Old 10-25-2017, 04:47 PM
 
Location: Harlem, NY
7,869 posts, read 7,761,491 times
Reputation: 4112
Quote:
Originally Posted by spinmuse View Post
I won the NYC Housing lottery and the latest I can move in is December 14th.

I had to resign my current lease for a year because they needed an answer over the summer if I would stay or not, and I had no idea my status with the housing lottery. I am locked into my lease until end of September, 2018.

My current place is rent stabilized, so I have to follow the rules of rent stabilized apartments in NYC, which is that once I find a subletter, I submit to management and they have 30 days to approve/deny. I think I shot myself in the foot because I mentioned to management via e-mail I won the lottery, so they know this will no longer be my primary residence, thus they can deny my sublet request (according to the research I've done).

I can request to "assign" my lease to someone with approval to management, they have 30 days to approve/deny the request, which seems like the better option.

Based on it being October 24th and my place has been on the market for 5-6 days, I am getting nervous about the 30 day approval process (since I haven't found anyone yet).

Anyone else dealt with winning the NYC housing lottery and being stuck in your current lease? Are there any options at all, will the lottery let you defer for a bit longer or anything?

Anyone need a place in Sunset Park!?
You made a crucial mistake. You didn't HAVE to re-sign. You coulda let your lease expire, and then wen't on a month-to-month without informing management of anything. Never show your left hand what your right hand is doing. You should've never informed your current management ANYTHING, until you were SURE you were moving. Sorry to hear bout this, but you're in a big kerfuffle now
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Old 10-25-2017, 07:22 PM
 
10 posts, read 18,615 times
Reputation: 12
Thanks for your note - they would not allow a month to month lease, only a year or 2 year renewal. I applied for this apartment in June 2016, heard back from them in July 2017, and was not going to NOT resign my lease when I wasn't planning on moving without knowing if I would get this lottery. My building needed to know by August 1 if I would resign for the year, and I only found out that I was approved a week and a half ago.

I just need to find someone - ASAP - to assign my lease to. Just looking to hear other people's experience when dealing with this situation.
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