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I'm very surprised your landlord is giving you so much trouble. Apartments are renting very quickly and they can most likely get more than you are currently paying (or at least break even). Usually in my experience they'll keep the security deposit if you move out early and move on. There's zero reason to not allow you to have some take over your lease or sublet if they're concerned about not filling the apartment and missing out on payments. You made a very generous offer imo!
I'm wondering if anyone has any thoughts or advice for the next steps I should take in attempting to break my current lease.
The lease I am trying to break is for a rent-stabilized apartment with preferential rent. My lease just renewed on August 1st, so if I can't work something out I'm on the hook for about 10 months rent for an apartment I will not be living in. When I received my StuyTown offer 2 weeks ago, I promptly reached out to my landlord's leasing agent by phone and certified mail to alert them of the offer and informed them I would be moving out by 9/15. During that call, I attempted to negotiate a penalty for early cancellation of my lease. As an initial offer I offered to forfeit my security deposit and continue paying rent through October 31. The agent's response was to ask if that was my best offer and said most people in my position offer far more. I asked her how many additional months rent would be acceptable, indicating my willingness to negotiate, but she refused to answer. I also asked about subletting/assigning my lease, which she said would be refused. She said she would consider my offer and would call me back. The next day my super and property manager came to view the apartment and take photographs. They indicated to me they found the apartment to be in good condition.
This was all two weeks ago. Since then it's been radio silence. The leasing agent is not answering my calls or calling me back. She is also not responding to my emails.
I know that if I find a qualified tenant to take over my lease and they refuse (which they've said they will, and I believe them because they will absolutely want to raise the rent for a new tenant), I'll be off the hook. But that seems woefully unfair to string the prospective tenant along just for them to be rejected. Additionally, with the leasing agent being completely incommunicado, I'm not sure how I would even go about submitting their paperwork for them to review and reject the tenant. I'm also annoyed that I'm moving out in just a few days to the other side of the city (my current place is about an hour and half from StuyTown by subway), which would make showing the apartment that much more difficult while working full time.
In the meantime I am documenting all of my outreach attempts. I intend to continue to call and email the leasing agent daily, and will send another certified letter once I vacate.
Are any of these obstructionist tactics evidence of a failure to mitigate my damages? Is it time to hire an attorney? I would obviously like to avoid the costs associated with that, but if I cannot even get my landlord to acknowledge my attempts to contact them, I'm not sure if I have any other choice?
This really sucks that they're giving you a hard time, I know it all depends on the management. What area is your current apartment where you're trying to break your lease? I had asked my management (in Hamilton Heights) how I would be able to break my lease. They just told me as long as I find a suitable tenant, that they approve to take over my lease, would be the only way to break my lease.
As others have said, I'd call 311 first to see if they can give any insight on this. If not, I have a housing attorney contact if you'd like. You can send me a private message for that info if interested.
I'm very surprised your landlord is giving you so much trouble. Apartments are renting very quickly and they can most likely get more than you are currently paying (or at least break even). Usually in my experience they'll keep the security deposit if you move out early and move on. There's zero reason to not allow you to have some take over your lease or sublet if they're concerned about not filling the apartment and missing out on payments. You made a very generous offer imo!
I was very surprised as well. But it turns out I was freaking out prematurely (understandably, I think, given the $$$ at stake). I just spoke with my building's manager and it seems the leasing agent is out until Monday. So I guess we'll see what happens when she gets back next week. But also, who goes on vacation for two weeks and doesn't put up an out of office message?
It's in their interest to take my offer and jack up the rent on the new tenant. They already told me they won't approve a lease assignment or sublet. I've been in my place for 9 years, and even though it's rent stabilized it has a preferential rent so they can definitely raise the rent on a new tenant significantly.
This is exactly what a leasing agreement is there to do: a contractual commitment protecting both parties. I'm sure you'd be out with pitchforks if the shoes is on the other foot: them breaking your lease as they please and offer a non-satisfactory deal to you.
Log #34XX - 2 BDRM
Just a quick update. I called today and the leasing agent is on vacation. It's been one month since getting the final approval. Syed told me my documents were ok and I need to wait for an email.
There are rules protecting you as the tenant. You have more rights than you think, and they actually can't refuse a sublet without reason. Check out this link: https://rentguidelinesboard.cityofne...qs/subletting/
Hopefully, it works out for you! Hell, if I don't hear from Stuytown soon enough I may be offering to sublet hahahaha.
I was very surprised as well. But it turns out I was freaking out prematurely (understandably, I think, given the $$$ at stake). I just spoke with my building's manager and it seems the leasing agent is out until Monday. So I guess we'll see what happens when she gets back next week. But also, who goes on vacation for two weeks and doesn't put up an out of office message?
It's in their interest to take my offer and jack up the rent on the new tenant. They already told me they won't approve a lease assignment or sublet. I've been in my place for 9 years, and even though it's rent stabilized it has a preferential rent so they can definitely raise the rent on a new tenant significantly.
If the apartment is rent stabilized I believe that they CANNOT deny your request to sublet. There are city funded lawyers that can advise you on this if you call. But rent stabilized tenants have their own set protections.
I wanted to post this for those who are interested in DIY window screens. A resident on Facebook reports that she has used this product to create the custom-size screens needed in Peter Cooper Village and Stuy Town. She doesn’t remember if the kit contains enough material for two screens, or just one. Personally I would just spring for the real ones. But check it out!
Hey all...reaching out for some intel. Log 16xx one bedroom list. Last communication a few weeks ago with Syed who said he was passing my application over to his supervisor, and then would be placed on list awaiting opening. Its been Crickets since. I had emailed on 9/5 asking for update...nada. I called and left a VM....nada. Today I called and spoke with a woman and she took my name and # to give him message.
Wondering, once it is passed to the Supervisor, does the rep lose any ability to update? Do I have to wait to hear from the Supervisor? And is it the same supervisor for Syed for every application he processes. Hoping to figure out who the supervisor is so perhaps I can try to speak with her. I leave for Europe on Sunday for a month and I am concerned they will ask for more info that I may not have access too...should I be concerned I haven't heard from them?
I was very surprised as well. But it turns out I was freaking out prematurely (understandably, I think, given the $$$ at stake). I just spoke with my building's manager and it seems the leasing agent is out until Monday. So I guess we'll see what happens when she gets back next week. But also, who goes on vacation for two weeks and doesn't put up an out of office message?
It's in their interest to take my offer and jack up the rent on the new tenant. They already told me they won't approve a lease assignment or sublet. I've been in my place for 9 years, and even though it's rent stabilized it has a preferential rent so they can definitely raise the rent on a new tenant significantly.
Just a quick update to say that everything ended up working out. The leasing agent finally emailed me back yesterday and they've agreed to let me out of the lease with a one-month penalty + forfeiting my security deposit, which is more than fair. Really glad I can put this all behind me because... I moved into my new apartment yesterday! And totally unexpectedly, it has an insane view of the Empire State Building!!! I was absolutely stunned when I saw it. The entire apartment is gorgeous, and I'm just feeling incredibly lucky and grateful. My only complaint is the kitchen cabinets are obviously low quality, and several of mine are scratched and dinged up. Considering putting in a complaint about them.
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