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Old 02-19-2009, 10:42 AM
2 posts, read 24,957 times
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I just broke the lease of my rent stabilized apartment. Do I get my deposit back if the landlord was able to find a new tenant immediately and they didn't lose any money?

Thanks in advance.

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Old 02-20-2009, 01:41 AM
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depends on quite a few things.... is there any down time for painting or fixing before the new tenant is in? do they have a tenant for at least the same amount or more in rent?

did they incur any costs advertising or paying anyone to get a new tenant ?

did they have to fix or clean anything you did?
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Old 02-20-2009, 11:04 AM
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If you're asking if you simply lose the deposit for breaking the lease (and not because of any damages caused by you breaking the lease), then I think the answer is no. It should be pretty clear in the text of your lease though.
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Old 02-20-2009, 12:26 PM
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Thanks for the responses.

Here's more info:
* My lease is a standard NYC rent stabilized lease.
* There was a week or so of downtime when they repainted the apartment.
* They did not incur any costs to get a new tenant.
* The new tenant is paying more rent than I was.
* I left the apartment in an immaculate condition.

I'll double check the lease language.

Thanks again!
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Old 02-20-2009, 02:08 PM
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they can charge you the week of down time... once they paint they are officially taking possession and its their apartment again....... even if they didnt rent it, the fact that they took possession by re-painting lets you off the hook....
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Old 02-20-2009, 02:12 PM
90 posts, read 379,634 times
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They can try to charge you for the week of downtime, but I wouldn't volunteer that to them. From the way you phrased it, it sounds like the repainting was the result of general apartment maintenance rather than repairing some sort of damage you did.

If that's the case, they would have had that week of downtime even if you had stayed to the end of the lease. It's not as if they would have repainted the apartment with you still in it.

But again, this is probably all spelled out in the lease. And the above is what I'd argue to them and then ask a lawyer about if they tried to withold for that week. Don't just volunteer a week's worth of your deposit to them though.
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Old 02-21-2009, 03:20 AM
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the issue is not that they would have to paint anyway in that week but unless they give you wriiten consent to break the lease then the apartment legaly remains yours unless 1 of 2 things happen,,

a new tenant moves in the day after you move out or your legal possesion ends the day they come into paint or renovate as its deemed they have taken back control of the apartment from you on that day in nyc......

if they dont charge you so much the better but if they do at least you understand why

Last edited by mathjak107; 02-21-2009 at 03:55 AM..
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Old 06-16-2010, 08:02 AM
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Downtime?!? What are you people talking about? If you sign a one year lease you are financially responsible for the whole year. At the very least you loose your deposit. What do you think a lease means? It's a contract and if you were taken to court you can be sued for the rest of the term. But most landlords don't do it (isn't that nice of them?).
Most tenants think they can break agreements and then complain when they have to pay. Sorry but that's what leases are for to protect you AND the landlord.
So, no, you should not get your deposit back.
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Old 06-16-2010, 08:47 AM
64,507 posts, read 66,075,955 times
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sorry my friend, you need to do a little more homework.. there is alot your not aware of ....this is how new york works ..

there are 2 ways to break a lease in ny which are not generally known except to attorneys who specialize in these matters ..... under new york operation of law SURRENDER or CONTROL superceed the lease terms.

surrender means you notify the landlord via return receipt that on such and such a date you will be surrendering the keys and you want your security deposit mailed to such and such address.

if they say no your not then your dead in the water,games over ,your stuck until its rented again for the money...

if they file it away and dont respond as most managing agents do then when the day comes and you surrender the keys if they accept them unknowingly then they have accepted your terms of surrender.. those terms of surrender negate the lease agreement.

the building agent got a big surprise when my ex-wife broke her lease that way and they tried to bill her later on.. they never heard of such a thing but when their attorneys were contacted they were told yep, they blew it by accepting the keys back and at no point contacted her since the first letter and say no your not.....

if they try to bill you later on for the rent they are out of luck..

the 2nd way is CONTROL.. if a landlord goes into your apartment and starts to paint and fix and ready the apartment to re-rent it for himself he is deemed to have taken control back on the apartment.

he can't hold you to the lease and claim its your apartment and at the same time take it back to rent.

you would though be responsible for any rent during the period you left until the day they took control by starting to paint and fix.that period of down time you can be held to.

they can with your request come in and get the apartment ready to rent on your behalf to help mitigate your damages but they need written permission from you to do so... most landlords dont know this and just come in and get ready to re-rent on their own and to rent for themselves while trying to hold you to the lease until its rented.... thats a no no.

the law says they cant have it both ways, if they take control your off the hook from that day on.

when they do it on your behalf the landlord can hold you to the lease until a new tenant is found or he can choose to make the tenant your sub tenant. he has to know to get written request from you in advance before readying the apartment or he blew it.

Last edited by mathjak107; 06-16-2010 at 10:15 AM..
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