Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
All leases in NYS RS or market rate have term "jointly and severally" either at start or somewhere in contract. Sometimes term appears more than once....
Hey! What does "jointly and severally" mean in regards to breaking lease?
That all parties signing lease (including multiple tenants) are responsible for carrying out terms of contract.
If two or more tenants sign a lease, then one or more don't pay rent, LL can haul everyone who signed least into court for nonpayment. Even if *you* the one tenant were paying your part of rent it doesn't matter, any judgement for nonpayment would be against all named tenants.
Same if you and one or more roommates move out of apartment and LL claims damages to premises. He can sue every GD tenant named on lease for payment of same. You cannot say "I'll pay one third" or whatever and have any judgement released, only way to satisfy is if entire balance is paid and court or LL doesn't care who writes that check.
Pretty much same as above goes for guarantors as well.
This is why people often are warned off roommate situations and or told to pick such persons very carefully. No end of supposed best friends since childhood have ended in nasty and bitter feelings when one or more roommates splits leaving remaining "friend" tenant holding the bag.
You saw this most recently with covid... People packed up and moved leaving their roommate or roommates holding the bag. In some cases everyone cleared out and in either case (again) LL will go after everyone whose name is on lease for non-payment.
That all parties signing lease (including multiple tenants) are responsible for carrying out terms of contract.
If two or more tenants sign a lease, then one or more don't pay rent, LL can haul everyone who signed least into court for nonpayment. Even if *you* the one tenant were paying your part of rent it doesn't matter, any judgement for nonpayment would be against all named tenants.
Same if you and one or more roommates move out of apartment and LL claims damages to premises. He can sue every GD tenant named on lease for payment of same. You cannot say "I'll pay one third" or whatever and have any judgement released, only way to satisfy is if entire balance is paid and court or LL doesn't care who writes that check.
Pretty much same as above goes for guarantors as well.
This is why people often are warned off roommate situations and or told to pick such persons very carefully. No end of supposed best friends since childhood have ended in nasty and bitter feelings when one or more roommates splits leaving remaining "friend" tenant holding the bag.
You saw this most recently with covid... People packed up and moved leaving their roommate or roommates holding the bag. In some cases everyone cleared out and in either case (again) LL will go after everyone whose name is on lease for non-payment.
Bugsy is 100% correct about everything stated so far.
Not saying that someone should do this but what are the chances of a landlord actually taking someone to court who just ups and leaves the apartment? and having them pay the remaining balance of the lease left? I know with covid going on courts are already backed up. The case most likely wouldn't be heard for up to 10month after the landlord files. It just seems easier for the landlord to look for someone else to take over the lease than to wait almost a year to go to court and maybe get the money back. Tenants tend to have things swing their way in courts due to how horrible our housing is in general in this state regardless of what the law states.
I know someone who rented their basement out during the pandemic the tenant didn't pay a dime. When my friend went to start the law process they were informed that they would most likely have to pay the tenant the amount they needed to be able to move into a new apartment plus legal fees so they just paid the person 3k outside of court and the tenant moved out. Now this might've been due to the covid non-evictions that were going on but in general tenants have more rights than they realize they do in housing court.
(also I meant to say this earlier but yall should call 311 they can direct you to housing resources where you can speak to someone who can advise you on legally what you can and cannot do in the situation and put you in contact with HPD.)
Not saying that someone should do this but what are the chances of a landlord actually taking someone to court who just ups and leaves the apartment? and having them pay the remaining balance of the lease left? I know with covid going on courts are already backed up. The case most likely wouldn't be heard for up to 10month after the landlord files. It just seems easier for the landlord to look for someone else to take over the lease than to wait almost a year to go to court and maybe get the money back. Tenants tend to have things swing their way in courts due to how horrible our housing is in general in this state regardless of what the law states.
I know someone who rented their basement out during the pandemic the tenant didn't pay a dime. When my friend went to start the law process they were informed that they would most likely have to pay the tenant the amount they needed to be able to move into a new apartment plus legal fees so they just paid the person 3k outside of court and the tenant moved out. Now this might've been due to the covid non-evictions that were going on but in general tenants have more rights than they realize they do in housing court.
(also I meant to say this earlier but yall should call 311 they can direct you to housing resources where you can speak to someone who can advise you on legally what you can and cannot do in the situation and put you in contact with HPD.)
Well that's it then isn't it?
No one can tell what a LL will do, but only what he can within the law.
State added few new hurdles, which may or may not work in favor of a LL, but that would be on a case by case basis. New laws do not specifically say a LL won't be successful in a breach of contract lawsuit, only that bar was raised.
Much is going to depend upon apartment in question. If it is a nice place at low rent, there shouldn't be issues finding a new tenant. OTOH if rent is rather high, and or there are other obstacles (such has going through HPD process). that could put things in a different light.
IIRC OP unit is a lottery "affordable" or "low income" unit. That off bat means LL simply cannot pick anyone he wants to rent unit, but rather prospective tenant must meet certain criteria set down by city/state.
Thanks for the reply! They're saying they won't let me break it period. I understand it's a contract, but that seems a little out of line with what I've been hearing about other 130% AMI lottery buildings. If I find another tenant, will they need to meet the 130% AMI income requirements?
If anyone has a similar experience, please let me know how it turned out for you!
My apt manager is the same but it is NOT rent stabilized and they keep raising the rent every year and they dont even offer two year lease. He won't let me break the lease. I offered to sub the lease or have someone take over the lease but no.
My apt manager is the same but it is NOT rent stabilized and they keep raising the rent every year and they dont even offer two year lease. He won't let me break the lease. I offered to sub the lease or have someone take over the lease but no.
Location: Read the Marketing Handbook, and Income a Guide.
2,013 posts, read 1,633,619 times
Reputation: 480
Quote:
Originally Posted by Reham2024
My apt manager is the same but it is NOT rent stabilized and they keep raising the rent every year and they dont even offer two year lease. He won't let me break the lease. I offered to sub the lease or have someone take over the lease but no.
The apt manger is not necessarily an expert on leases. Leasing might not be at all part of their job duties. You have their “No” opinion, fine, but this could be an example of getting a “No” answer to your request from a person who lacks authority to give you a “Yes” answer to that request. So, don’t stop there anyway.
Speak with someone who knows about leases as part of their job. A tenant advocate organization for example. The opinion of someone who is authorized to actually let you out of your lease is the most important. That does not mean they are going to say Yes/No. Such a person might negotiate with you.
The folks that do the leases here might see your departure as an opportunity to raise the rent on the next tenant. If so, that is an opportunity to increase revenue on that unit sooner than the end of you lease. They might be happy to see you go sooner.
Not saying that someone should do this but what are the chances of a landlord actually taking someone to court who just ups and leaves the apartment? and having them pay the remaining balance of the lease left? I know with covid going on courts are already backed up. The case most likely wouldn't be heard for up to 10month after the landlord files. It just seems easier for the landlord to look for someone else to take over the lease than to wait almost a year to go to court and maybe get the money back. Tenants tend to have things swing their way in courts due to how horrible our housing is in general in this state regardless of what the law states.
I know someone who rented their basement out during the pandemic the tenant didn't pay a dime. When my friend went to start the law process they were informed that they would most likely have to pay the tenant the amount they needed to be able to move into a new apartment plus legal fees so they just paid the person 3k outside of court and the tenant moved out. Now this might've been due to the covid non-evictions that were going on but in general tenants have more rights than they realize they do in housing court.
(also I meant to say this earlier but yall should call 311 they can direct you to housing resources where you can speak to someone who can advise you on legally what you can and cannot do in the situation and put you in contact with HPD.)
We were in this situation recently and I spent a good deal of time researching this online (just asking questions and reading accounts of other people who had been in the same situation).
We won a lottery apartment and had to leave our apartment 6 months early. We gave 30 days notice, left the apartment sparkling clean etc. and accepted the one-month lease break fee, for which we figured they would use our deposit. However, they still said we would be on the hook for rent until the place was occupied (a bit confusing because shouldn't a lease break fee break the lease?). After a bit of back and forth, and them saying they could legally pursue us for unpaid rent etc. it seems like they finally decided to apply our deposit for the lease break fee and just close the case. I think most landlords see it as more trouble than it is worth to go the court route.
It's always a gamble, and you might be the unlucky one who does get legally pursued, but the overwhelming majority of experiences I have seen online seem to have had a similar outcome.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
227-a
