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bmwguydc, thanks for your advice and for the links. i can't remember if there is a clause regarding subleases in the lease agreement - i'm sure there is, but i never received a copy of the lease agreement so i can't refer to it.
That is definitely suspicious behavior. And, I wonder, and this is just speculative, but they may have another tenant who wants to move into that building and can rent it easily.
It's not a good idea to take the apartment and not pay the rent, nor to stop payment on your check, since those actions could come back to hurt you. And, you are trying to do the right thing in this situation, so should not be unduly penalized.
A responsible, professional agent/management company should furnish you with a copy of everything, including that your financial responsibilities for the lease are discharged by the amount they are keeping with the two months' rent, and I would not sign it without immediately receiving a copy that said that expressly.
bmwguydc, thanks for your advice and for the links. i can't remember if there is a clause regarding subleases in the lease agreement - i'm sure there is, but i never received a copy of the lease agreement so i can't refer to it.
You're welcome. I'd see if I could find a tenant advocate/legal aid lawyer to review the documentation, including demanding the lease from the management company. Sometimes places will posture that they are in control of the situation and will back down or settle when they know you have legal representation looking into the matter. I hope that this is the case as it would make it so much easier to come to a resolution.
(in respone to nyctc7) no they cannot rent the apartment to someone else until the original tenant and the landlord are in official agreement to end the lease...
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The thing is this, just take the apartment, because it is not easy for the landlords to evict you once you are in, even when you do not make payments
Thanks for clearing some of this up. It's a reminder to me in threads like these to only speak from personal experience and/or when I really am familiar with what the law is...
Is it advisable to go ahead and take the apartment, knowing that one is going to default? By defaulting wouldn't that end up affecting one's credit rating much more negatively than signing a lease termination agreement?
This managment company sounds awful--isn't it SOP to give someone a copy of a document they are signing? Sounds like they want to be intimidating.
bmwguydc, why would it come back to hurt me to stop payment on the check? i can easily give them another check once this matter is resolved and i receive all the proper paperwork - right now i don't have a copy of any of the paperwork and can't even verify that the 2 months' rent termination fee is actually stated in the lease agreement.
Technically, you still have an agreement, so if you stop payment on the check, they can come after you in court to enforce the agreement, which could add fees to the amount owed. And, if the court determined they were entitled to the fees, they could tack on the court costs, bank fees, etc. that could come with a stopped payment on the check.
Stopping payment is an extreme measure that should be used for fraud or something similar. They have not perpetrated a fraud, nor are they the party that wants to cancel the lease, so they are entitled to the money, subject to any potential negotiation of a refund.
Plus, it would appear as though you were not acting in good faith to settle the agreement with the management company, which might mean negotiating a settlement fee with them for their "administrative costs" related to your lease preparation, etc.
It could make the situation that much harder to untangle and could end up costing you more in the end. That's why I'd not be too quick to stop payment, even though it seems like you would be justified to do so.
they cant put the apartment up for rent if they are trying to keep your security money. in fact they have to sue you for it.
they are technically keeping the security because they are trying to hold you to the lease you signed. they therefore cant put it up for rent until this is resolved in court.
they also have to give you any rent they collect if they do rent it while in litigation as they cant take control of your apartment if they are keeping your money claiming you signed a lease.
as a landlord in nyc i can tell you when contested in nyc keeping deposit money on a broken lease is a no win situation for a landlord
in fact there are tactics for breaking a lease too after your living there that are a no win situation for a landlord when the tenent does the right steps....
is this where im supposed to say send 19.95 to learn what those steps are? ha ha ha ha .
Last edited by mathjak107; 11-26-2008 at 03:22 AM..
toooo funny , can you believe i got a few e-mails asking where to send the 19.95 lol tooooooooooooooooooooo funny
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