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Old 04-13-2019, 06:44 AM
 
3 posts, read 331 times
Reputation: 13

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I want to break my lease on a NYC apartment b/c I am moving in with my fiance.

I signed a lease on an expensive NYC apartment. The landlord also made my father sign the lease as a tenant even though he doesn't live there.

I am willing to offer my deposit as sacrifice for breaking the lease. I'm worried the landlord is going to hold me to the lease and potentially ruin both my credit score and my father's.


From my understanding the "residential landlord has no duty to mitigate its damages and may recover the full value of remaining payments owed under the lease for the entire lease term even if the landlord makes no attempt whatsoever to offset, minimize, or cover its losses."

What should I do?
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Old 04-13-2019, 06:54 AM
 
11,057 posts, read 21,422,724 times
Reputation: 8650
https://www.brickunderground.com/blo..._break_a_lease
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Old 04-13-2019, 07:06 AM
 
7,726 posts, read 5,025,403 times
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How much time is left in the lease?

Are you allowed to sublet?

Go read the article that Henna posted. A lot of your questions are answered there.

Tiddays!!!
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Old 04-13-2019, 07:50 AM
 
69,292 posts, read 69,893,196 times
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let me start by saying this is NOT legal advice .....

here in ny landlords no longer have any duty to mitigate damages at all ... ny finally dropped that ambiguous clause because courts never defined what constitutes enough effort .. is a sign on the lawn on a dead end street enough effort ? so we no longer have any mitigation duty as a landlord ...

landlords can get caught up to in being deemed taking possession and not just acting on the tenants behalf mitigating a tenants damages .... that makes them unable to hold the tenant to the lease ... claiming it is still the tenants apartment , yet going in and painting , repairing and making betterment in many states is considered taking back possession .. the landlord can't claim it is still your apartment , yet go in to what he is claiming is your apartment still and doing work to re-rent ... they can get written permission to act on your behalf , and explain the terms of the mitigation , but most landlords don't and drop the ball unknowingly letting the tenant off the hook .

my ex wife got out of the money due after she left just for that reason ...the mgmt company went in the next day to start work while still holding her to the lease ... our laws don't allow for double dipping but few realize it until a knowledgeable attorney uses it against them .....

the mgmt at a huge complex here got a new education with my ex when she broke her lease because she could no longer afford the apartment ..

a very knowledgeable attorney she knew had her send the mgmt company a certified letter that she would be surrendering the keys on such and such a date and gave them instructions as to where to send her security deposit ..

like most mgmt companies they never responded back saying if you do we will still charge you ..

instead as expected they threw the notice in the file ... well the day came , my ex went to the office , clearly "surrendered the keys with a letter explaining what she is doing . they accepted the keys and that was that ..

well 2 months later the charges start coming ... she notified them that they accepted her terms of surrender under new yorks operation of law , whether they understood that or not by not refuting her terms and besides that they took possession back by going in the next day and painting ... so surrender and control laws can be very powerful .

the mgmt said that is ridiculous , they never heard of such a thing ... so they checked with their attorneys who confirmed , YEP , they blew it ... they were outsmarted by an attorney who knew his business and they gave her her full deposit back with no additional charges . . now they know better .
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Old Yesterday, 06:29 AM
 
31,539 posts, read 32,414,125 times
Reputation: 14691
Quote:
Originally Posted by mathjak107 View Post

my ex wife got out of the money due after she left just for that reason ...the mgmt company went in the next day to start work while still holding her to the lease ... our laws don't allow for double dipping but few realize it until a knowledgeable attorney uses it against them .....

the mgmt at a huge complex here got a new education with my ex when she broke her lease because she could no longer afford the apartment ..

a very knowledgeable attorney she knew had her send the mgmt company a certified letter that she would be surrendering the keys on such and such a date and gave them instructions as to where to send her security deposit ..

like most mgmt companies they never responded back saying if you do we will still charge you ..

instead as expected they threw the notice in the file ... well the day came , my ex went to the office , clearly "surrendered the keys with a letter explaining what she is doing . they accepted the keys and that was that ..

well 2 months later the charges start coming ... she notified them that they accepted her terms of surrender under new yorks operation of law , whether they understood that or not by not refuting her terms and besides that they took possession back by going in the next day and painting ... so surrender and control laws can be very powerful .

the mgmt said that is ridiculous , they never heard of such a thing ... so they checked with their attorneys who confirmed , YEP , they blew it ... they were outsmarted by an attorney who knew his business and they gave her her full deposit back with no additional charges . . now they know better .
Well this is very good to know!

Years ago I broke a lease (due to personal reasons I had to leave NYC at that time) but I had been told at the time by broker handling the apt. that it wouldn't be problem because that she can easily rent it out again very quickly. I got the full deposit back without any problem back then. At the time, a distant relative with a law degree had told since I was moving out the area, it was unlikely that landlord would run after me and try to make pay for the full lease (and this was before online payments and practically everyone having internet access).
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Old Yesterday, 09:05 AM
 
3 posts, read 331 times
Reputation: 13
Thanks for the advise. I offered the landlord 2 months rent but he has not responded to my message. I read through the potential violations but I couldn't find anything. The place is well kept.

I have six months left on a 12-month lease.
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Old Yesterday, 03:41 PM
 
19,815 posts, read 13,029,041 times
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Quote:
Originally Posted by Chava61 View Post
Well this is very good to know!

Years ago I broke a lease (due to personal reasons I had to leave NYC at that time) but I had been told at the time by broker handling the apt. that it wouldn't be problem because that she can easily rent it out again very quickly. I got the full deposit back without any problem back then. At the time, a distant relative with a law degree had told since I was moving out the area, it was unlikely that landlord would run after me and try to make pay for the full lease (and this was before online payments and practically everyone having internet access).


Most of the time LL's don't bother hassling people ending lease early. You mainly find issues when the unit is luxury or some other sort of high rent and or the market for whatever particular unit isn't so great, thus renting again quickly may prove difficult.
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Old Yesterday, 04:38 PM
 
69,292 posts, read 69,893,196 times
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It is usually the mgmt companies that stick to the script ... they are just clerks and do what they are told
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Old Yesterday, 05:17 PM
 
8,759 posts, read 8,943,787 times
Reputation: 10969
Quote:
Originally Posted by healas View Post
I want to break my lease on a NYC apartment b/c I am moving in with my fiance.

I signed a lease on an expensive NYC apartment. The landlord also made my father sign the lease as a tenant even though he doesn't live there.

I am willing to offer my deposit as sacrifice for breaking the lease. I'm worried the landlord is going to hold me to the lease and potentially ruin both my credit score and my father's.

From my understanding the "residential landlord has no duty to mitigate its damages and may recover the full value of remaining payments owed under the lease for the entire lease term even if the landlord makes no attempt whatsoever to offset, minimize, or cover its losses." What should I do?
It's not a matter of what you're willing to do. It's a matter of what the landlord is willing to do.
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Old Yesterday, 07:22 PM
 
6,209 posts, read 5,658,965 times
Reputation: 4290
I once tried to break a least early in a nice building. Management told me if they found someone then I could break it. If not I'd be responsible. Yes I ended up paying the next 7 Months till the lease ended.

On the opposite end, I wanted to break a lease in a RS building and they said I could but they would keep my security. Once I left I heard from neighbors rent increased $300 a month so they were happy to see me go.
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