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In the end any contract may endup in court when either party thoinks the yerms have not been met.Until then the question is never settle unless the parties agree.If thsi is the casde best toget legaol advise from a attoney really.I the end their advise maybe that the cost is not worth the end cost;which can aply to either party.Often this is why mediation was formed.
it would depend on what the LL/management company told them PRIOR to them signing it-did they mention that they would not be responsible if they cancel before or did they mention they would be, or was nothing said at all?
Not to belabor the point, but lest anyone reading this mistakenly think that, in a landlord/tenant agreement, what anyone "said", matters, it doesn't. The written agreement controls the relationship, period.
The OP stated that the mother signed a lease. I assume the management company signed it also. I can't think of any uopside as to why a management company would not sign the lease and provide a copy to the tenant at the time of signing. It's sloppy business practice to not do so, unless some unique market factor is at play.
We do not hand out copies right then and there. The manager cannot just stop what she is doing and sign an agreement and only the leasing staff are able to sign addendums only. The manager signs the lease agreement as well as the concession addendum. Now the resident is able to pick up a copy anytime after that, but as a management company things are done differently (we obviously have more than just 1 or 2 units to handle). We have to enter them into our system (Yardi) before it goes to the manager. No one ever seems to have an issue with this, but people signing their lease prior to the effective date, we always express that they are able to cancel with no penalties other than losing their deposit. Then again, like I said, we do not provide them with immediate copies either so we are able to do this without any issues. Being a private landlord, I would expect that they provide a copy of the lease right there, or yes, it would be sloppy business.
Quote:
Originally Posted by austin-steve
Not to belabor the point, but lest anyone reading this mistakenly think that, in a landlord/tenant agreement, what anyone "said", matters, it doesn't. The written agreement controls the relationship, period.
The OP stated that the mother signed a lease. I assume the management company signed it also. I can't think of any uopside as to why a management company would not sign the lease and provide a copy to the tenant at the time of signing. It's sloppy business practice to not do so, unless some unique market factor is at play.
A contract is a contract wether it is to begin now, ten days from now or ten years from now. If a tenant signs a lease and then decides two minutes later that they want to live for free with their girlfriend or somewhere else...it makes no difference. The Landlord is entitled to the full term of the lease.
although courts here in ny have said the landlord has a duty to mitigate damages its never been stated what the duties are... planting a 6" sign on the lawn and nothing else may meet those requirements...
leases are tricky and realistically the landlord wants to rent the apartment so holding you and fighting with you over the entire lease period may be a waste for them...
see if you can negotiate paying a month or so and breaking the lease.... maybe she can just threaten declaring bankruptcy if they hold her to the entire lease amount... then no one wins
Got a question. I have a tenant who wants out fo their lease. I have found someone to move in when they plan to leave. The original tenants have NOT signed a termination agreement. It turns out they may have to delay their move out date but the new tenant has made plans to move in (already signed a termination agreement with his LL). I basiscally have two leases for one property (two seperate parties involved) What are the options for the person wanting to move in? Any legal ground?
Sadly, there are no good options. You can pay the losers who are moving out to leave when scheduled to or you return the deposit to the new tenants and release them from their lease. This is the problem with landlord tenant laws....the law totally allows and encourages the opportunity for unjust enrichment or extortion on the part of the occupying tenant.
As a landlord with many years experience, I would advise calm communication with the current occupants. Make them aware that in order for them to get released from their contractual agreement, they will need to be out according to the date necessary to accomodate the new tenants moving in or they will be on the hook for any financial losses suffered by you (vacancy) as a result of losing these new tenants. You need to document your efforts to avert this disaster. Back up any verbal or telephone communications with all parties with a letter or an email recounting the discussion that has taken place and save it. If you have to evict the current occupants this will be very handy in court. If they don't move out...sue them.
Good Luck!
like any contract you can be held to the terms of the lease and are responsible for all payments right up to the end.... its really up to the whim of the landlord or managing agent whether to hold you to the terms or not...
courts in nyc have recently changed their view that the landlord does have to try to mitigate the damages for a tenent by trying to help the tenant sublet but they stopped short of saying what that means... he can hang a sign in the window that does nothing and he may have done his part...
there are ploys you can use to try to get out of a lease where you will be responsible for the balance of the lease as most landlords or their managing agents arent very smart when it comes to tricks of the law.
kids dont try this at home ha ha ha
one such ploy is sending a landlord a certified letter that on such and such a date you will be surrendering the keys and leaving the apartment...key word is surrendering ..... if the landlord or managing agent dosnt say anything about accepting your terms of surrender, either yes its okay or no we are holding you to the lease and most managing agents dont realize this is something they need to do at this point and the day comes where you surrender the keys and they accept them then its deemed they have accepted your terms of surrender unknowingly under nys operational law".....
most managing agents will send you a bill later on for the balance of the rent but its to late, they already accepted your terms without realizing it by not responding up to now . my ex wife had to break a lease because she no longer could afford the apartment and did exactley this and bingo it played out exactly like above. they billed her after she surrendered the keys and my son who is an attorney wrote the managing agent about the flaw they committed. they thought he was sooooo wrong until they checked with their attorneys and found out they blew it.
the other tragic flaw made is after you leave the landlord will usually paint and fix and ready the apartment for re-rental. again he cant take control of your apartment if hes trying to hold you to the lease by repainting and fixing . once he goes in and does this he has un-knowingly taken back control of the apartment. he cant have it both ways, claiming its still your apartment and holding you to the rent and then taking control and re-renting.
if they do re-rent it and they are trying to collect from you because they are holding you to the lease then its a sublet on your behalf to mitigate your damages and you are entiled to the rent as well as any increase they may have gotten....
Im a landlord and I just signed a lease with a guy, hes not to move in until may 1
we signed in march, since then he gave me a 500.0 deposit and it bounsed.
Im cancelling the lease for I dont feel confirtable with this guy, and during our phone conversations he has be very un friendly etc.
I think I do have the right to cancel an agreement with someone who cant even pay 500.00 how will be able to pay 1500.00 each month
I feel already that I cant trust him
does anyone agree with this
A contract requires consideration and a bounced check shows no consideration...
I'm not a lawyer, but I would cancel the agreement...
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