Previous Landlord Problems (New York, York: apartments, leases, eviction)

[vgome013]

Hello guys,

I am in a situation, I got a lottery apt (yay me) and as you know had to break the lease on the current apt that I had. I explained the situation to the landlord and I was told I needed to find a replacement, which I agreed to do. So I hired two brokers that actually helped me look for a tenant and between the three of us we sent the landlord over 25 applications that he rejected. And some of these people were even more qualify than I was when I applied for this apt.

So now I had to move, it is impossible for me to pay two rents and I said this to the landlord, and he is pretty much telling me I have to pay keep paying him until I find this unicorn tenant that he wants, or he will sue me. Anyone has any tips on how to fight this? what are my options? I really cannot pay two rents, and contacted a lawyer that is asking for $3k to help me get out of the lease (which again I cannot pay). Any advice will help.

[Chicupbeat]

Call 311 and speak to someone. I was told that a landlord cannot keep you in the lease if a replacement is provided. He wont be able to file an eviction for non payment against you because of this. Basically you can just leave and he has no legal grounds at this point to do anything about it. If you call 311 they will track your case which will help you if he attempts to take legal action.

[macnyc2003]

I saw this about a year ago and thought it might come in handy. I haven't used this service myself, but you could check it out.

I would also suggest try calling the office of the city council person in your old district. They usually have some sort of housing expert on staff.

The New York’s Housing Stability and Tenant Protection Act of 2019 contained a provision to make it easier for tenants to get out of leases by finding a replacement. I think this is what Chicupbeat is referring to above. Seems to me your old landlord is being unreasonable and not following the law.

Here's the wording from the law:

Duty to Mitigate
Damages by Renting
Apartment
RPL § 227-e

• Landlord must in good faith, according to landlord’s resources and
abilities, take “reasonable and customary” steps to rent the apartment;
residential only; commercial leases and licenses not affected.
• Overrules Holy Props Ltd, L.P. v. Kenneth Cole Productions, Inc., 87
N.Y.2d 130 (1995).
• Lease provisions to the contrary are void as contrary to public policy.
• The person seeking damages has the burden of proof.
• Effective 6/14/19.

Here's a link:

https://nysba.org/NYSBA/Online%20Con...tectionAct.pdf

Best of luck!

[vgome013]

Originally Posted by macnyc2003

Attachment 245793

I saw this about a year ago and thought it might come in handy. I haven't used this service myself, but you could check it out.

I would also suggest try calling the office of the city council person in your old district. They usually have some sort of housing expert on staff.

The New York’s Housing Stability and Tenant Protection Act of 2019 contained a provision to make it easier for tenants to get out of leases by finding a replacement. I think this is what Chicupbeat is referring to above. Seems to me your old landlord is being unreasonable and not following the law.

Here's the wording from the law:

Duty to Mitigate
Damages by Renting
Apartment
RPL § 227-e

• Landlord must in good faith, according to landlord’s resources and
abilities, take “reasonable and customary” steps to rent the apartment;
residential only; commercial leases and licenses not affected.
• Overrules Holy Props Ltd, L.P. v. Kenneth Cole Productions, Inc., 87
N.Y.2d 130 (1995).
• Lease provisions to the contrary are void as contrary to public policy.
• The person seeking damages has the burden of proof.
• Effective 6/14/19.

Here's a link:

https://nysba.org/NYSBA/Online%20Con...tectionAct.pdf

Best of luck!

Thank you so much for this!

[eastvillager2020]

Originally Posted by vgome013

Hello guys,

I am in a situation, I got a lottery apt (yay me) and as you know had to break the lease on the current apt that I had. I explained the situation to the landlord and I was told I needed to find a replacement, which I agreed to do. So I hired two brokers that actually helped me look for a tenant and between the three of us we sent the landlord over 25 applications that he rejected. And some of these people were even more qualify than I was when I applied for this apt.

So now I had to move, it is impossible for me to pay two rents and I said this to the landlord, and he is pretty much telling me I have to pay keep paying him until I find this unicorn tenant that he wants, or he will sue me. Anyone has any tips on how to fight this? what are my options? I really cannot pay two rents, and contacted a lawyer that is asking for $3k to help me get out of the lease (which again I cannot pay). Any advice will help.

i was in the same situation and left my apt. and told the landlord bye and he could use my security for the last month. i figured since housing courts are backed up forever post covid he wouldn't come after me and he didn't. i think with all the work you put into it, you have enough to fight a case but the chances are slim they will try to sue you, it's too costly. good luck and congrats on your new apt.!

[BugsyPal]

Originally Posted by eastvillager2020

i was in the same situation and left my apt. and told the landlord bye and he could use my security for the last month . i figured since housing courts are backed up forever post covid he wouldn't come after me and he didn't. i think with all the work you put into it, you have enough to fight a case but the chances are slim they will try to sue you, it's too costly. good luck and congrats on your new apt.!

While long common practice NYS laws state security deposits on apartments are supposed to be used for just that purpose. IIRC rent laws of 2019 doubled down on this by specifically stating security deposits are not to be used for last months rent.

https://hcr.ny.gov/system/files/docu...09-10-2019.pdf

So while it can be done it risks asking LL to violate the law which puts him in a bind.