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Old 12-01-2009, 09:15 AM
 
7 posts, read 54,196 times
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Gotcha -- thanks again! I really appreciate your guidance.
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Old 12-01-2009, 09:24 AM
 
64,567 posts, read 66,100,109 times
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Your welcome, thats what these forums are all about.... exchanging thoughts and ideas....... just becareful of legal advice on an internet forum....
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Old 12-04-2009, 03:32 PM
 
5 posts, read 15,376 times
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I have a friend and his attorney say that if in last check I'll write :
MEMO: mutual lease termination - property address - payment in full - accord & satisfaction

and they deposit it than that terminates lease .
What do you think ?
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Old 12-04-2009, 03:57 PM
 
64,567 posts, read 66,100,109 times
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i wouldnt even attempt to guess at that one..... im no lawyer


i would think they would read it and just mail it back... its to easy to figure out the game plan on that idea...

did a little poking around on line and from what i can see new york may be an exception to having this work. if im understanding this article correctly new york is one of a handful of states that dont consider the above as killing the debt and allows the check to be deposited without forfeiting whats due..

http://www.winstonandwinston.com/art%2016%20paid%20in%20full%20checks.htm (broken link)

Last edited by mathjak107; 12-04-2009 at 05:17 PM..
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Old 12-05-2009, 12:27 PM
 
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i asked my son who is an attorney and he said noooooooooo.. in new york you can not change an agreement by whats called implied action... writing mumbo jumbo on a check pertaining to accord and satisfaction is not accepted by most of new yorks courts.. . new york only recognizes whats called affirmative actions meaning either a formal written agreement signed by both parties recognizing a change in agreement or if the person owed the money is the one to write on the check payment in full accepted for accord and satisfaction and signs it but basically its thru written agreement signed and approved by the person owed the money.

new york only recognizes two instances for breaking a lease other then a formal agreement.. surrender and control... either by the landlord or his agent un-knowingly accepting the key surrender tactic or by the landlord taking control of your apartment without your permission to repaint fix or renovate for re-renting.

Last edited by mathjak107; 12-05-2009 at 01:42 PM..
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Old 12-05-2009, 04:16 PM
 
137 posts, read 421,356 times
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Viral, how can that be legal? Thanks.
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Old 12-07-2009, 11:31 AM
 
5 posts, read 15,376 times
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Now in my case:
1) they got all keys for the appartment actually they demanded that by in the letter and I gave all keys to the dorman. They probably can claim that they never got one , but I don't belive that dorman will not going to say truth under oath
2) I did comunicated to their managers in the past but they denied any comunication . I have copy of letters
3) The reson I'm braicking the lease is due to the fact I purchased an apartment .
4) They did deposited check , plus check was delivered to the office and secritary placed a stemp that she got it and made a copy to my wife so they can't claim that it was implied action

What do you think ?
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Old 12-07-2009, 01:48 PM
 
64,567 posts, read 66,100,109 times
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Writing anything on the check is meaningless ....... new york dosnt recognize any agreement written by the person owing the money on a check such as anything about accord and satisfaction..

if they took your keys how are you getting in?
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Old 12-08-2009, 11:22 AM
 
5 posts, read 15,376 times
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I'm not getting in , I moved to my new appartment .
So I don't have access.
First I gave them one key , than they claim that I have to give them second pair .
So I have no access to the apartment , why should I still pay for it ?
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Old 12-08-2009, 04:12 PM
 
64,567 posts, read 66,100,109 times
Reputation: 42993
sounds like a good case in your favor. no question by taking back your keys they took possesion ....if they come after you for a sizeable enough amount id get an attorney to fire back a letter advising them they took possession of the apartment by taking away your keys.
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