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Oh well since the owner co-signed that definitely helps your case. The only problem is that you haven’t paid rent since the start date of your lease?
A lot of times it will state in a lease, if you don't move in in 30 days you are surrendering the apartment.
Given it's been 7 month with no payment along with no contact and no keys picked up, I'd say the apartment is gone.
I signed a lease, and so did the owner of the building.
For a contract to be valid normally there are things one or both parties must perform.
In this case yes owner or whoever signed lease, but you did not pay first month's rent and security deposit. Nor for that matter have you paid November, December, January, February, March and April rent. as required.
On other side of things neither LL or their agents contacted you about missing first month's rent and security deposit, nor (unless you haven't told us something) were you sent rent bills for past six months.
You cannot have this both ways; if apartment is indeed *yours* you owe a substantial amount of back rent on top of security deposit. Only way around that bit would be for LL to issue a new lease that begins in May, June or whenever in future. In other words what are you going to do if LL says "ok apartment is yours", but you "owe us seven months back rent" (and counting) plus security deposit"?
Fact landlord neither sent past due rent notices, nor (by now) begun eviction proceedings for nonpayment tells me at least they do not consider you legal tenant of record. If this is a rent stabilized apartment in order to terminate a valid lease LL must take tenant to court based either on grounds of non-payment or "holdover".
Again you need to seek out competent legal counsel. Housing courts usually have someone representing tenants offering advice, or contact Legal Aid or someone else.
^^^ appreciate your response. I received a phone call twice in January that I wasnt able to answer ,with one voicemail saying "Hello ****** you never came and picked up the keys,what happened? Call me back at *** *** **** " and that was it. No other correspondence from the management after I was told congrats pick up the keys other than that voicemail. No email or letter.
I will seek out counsel
Yeah they don't consider me a legal tenant because I didn't pick up the keys,according to them thats a requirement from the city and will nullify the lease
You never told them your situation? I’m confused were you just expecting them to hold your apartment all these months without knowing your intention?
I'm sorry you're in this tough situation, but if you never paid any rent and made no attempt of any kind to contact them for six months, then they did you a favor by moving on to the next applicant rather than coming after you for six months' rent.
Just looking at my own lottery lease (and they do differ, but I bet in this they are similar), failure to take possession within 15 days of the start of the lease (which I think is how they are treating picking up keys) is a default and the landlord can cancel the lease as a result. However, they must first give you 10 days' written notice to cure and should also have provided you with a written notice of cancellation. It sounds like you got neither.
Nonetheless, again...do you have all that back rent ready to pay? No point in winning the battle and losing the war. Also, what if they give you notice of default today...are you able to move in within 10 days?
Hate to say it, but it seems like you fumbled the bag big-time.
My lease specifically says that even after a the lease is signed if I do not take possession of the unit in 30 days then I am forfeiting the apt. You definitely lost your right to the apt as soon as you decided to never contact them for 6 months. They were not going to hold it, just to see if you would appear at some point.
What someone else said also makes sense, you are lucky they did not come after you for non-payment all these months. Sorry man
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