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I have just been accept to move into a subsidized housing complex in brooklyn. The problem is that I renewed my current lease in July, much before I was even notified that I was picked in the housing lottery. So I have another 8 months remaining on my current lease.
Is there any way to break my current lease and keep my security deposit to move into the subsidized building? I doubt anyone who wins subsidized housing lotteries has the luck of it falling within a month of their current lease cycle, so I'm wondering if LLs are lenient in these types of situations, or if there is a law allowing people to break the lease for this subsidy.
no law specifically but there are ways to break a lease that are perfectly legal as discussed in earlier threads . you really need an attorney who specializes in such matters but it may not be worth getting one depending on how much is involved and if they were going to hold you to the rest of the lease.
using the surrender and control laws in nyc work very well most of the time for getting out of a lease as most landlords and building managers are clueless when it comes to the pitfalls of dealing with these situations if a shrewd tenant never pulled it on them before..
no law specifically but there are ways to break a lease that are perfectly legal as discussed in earlier threads . you really need an attorney who specializes in such matters but it may not be worth getting one depending on how much is involved and if they were going to hold you to the rest of the lease.
using the surrender and control laws in nyc work very well most of the time for getting out of a lease as most landlords and building managers are clueless when it comes to the pitfalls of dealing with these situations if a shrewd tenant never pulled it on them before..
I'm not sure how this relates to OP's question. Sounds like he"s willing to walk away from his current lease but has the audacity to ask for his security deposit back on top of that! Now that would be a LOOPHOLE!
Contrary to what you say, "using the surrender and control laws in nyc work very well most of the time for getting out of a lease", Seriously? At best this would be an obscure point of law in the school of "how many angels can dance on the head of a pin", argued by drunken first year law students at TGI Friday's, NOT a screaming loophole available to anybody who has the chutzpah to try it.
sorry my friend ,already been done very successfuly by quite a few including my ex wife after we got divorced...
you seem to doubt so many things all the time only to be wrong again and again....
This is the only case you ever site as successful and like you say in an earlier thread it is ungoogable (sic). Without any link I can only presume it is a figment of your imagination or the best kept secret on the internet.
I have been in and out of Part 52 in Manhattan for over 25 years (unfortunately) and have never ever heard of this working let alone
Well all i can say is try it...its the law......there are lots of things all of us arent aware of in the laws...thats why we have attorneys who specialize in areas. read up on "surrender" as it pertains to ny real estate law...you should be able to google .
Last edited by mathjak107; 11-02-2010 at 08:55 AM..
modsquad you sound like a LL who has gotten screwed by your tenants too many times.
And yes, I have the AUDACITY to ask a question, which was inquiring about LLs being understanding or there being some city protection/leniency for people moving to subsidized housing; It is a government program. I can afford to lose my security deposit, but can't afford to pay for the remaining months on the lease, and I don't know how many other people who actually qualify for low income housing can afford to just kiss their current security deposit goodbye or pay the remaining months on their lease. And since tenants are approved in a lottery fashion, there is no way to tell far enough in advance if you will be accepted.
Seems like everyone who gets accepted must lose their security deposit, but this is supposed to be a service for low income people. There is a slight disconnect, but thats just how it works I guess.
If you sign a 1 year lease contract, you are OBLIGATED to live in the apartment and pay the rent for that 1 year. That's the point of a contract otherwise why sign a contract? If you move out early before the contract expires, what makes you think you have the right to get your security deposit back? Doesn't make sense. Even if you're low income, breaking the lease is breaking the lease...you shouldn't get a free pass for any reason especially if you're low income. You get a lot of free stuff as is being low income.
Well, my question is then how do low income people afford to move into subsidized housing if they at the very least lose their security, and then on top of that potentially have to pay thousands in rent for the remaining lease year? It just seems like for a govt subsidy, a lot of money upfront is needed to take advantage of it.
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