Just Moved, First Day in Apt, and I want Out! Suggestions Please! (real estate, sublease)
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So my wife and I signed our lease to this apartment a week ago while still living out West. She is the one who saw it briefly when she came here a month ago. I never saw it. I went by her description and took her word for it that it was the right place.
So we signed all the lease papers remotely last week and our lease started yesterday April 1st. I just flew in this morning, got the keys from the Super, and came up to my place. It's located on the Upper East Side on 71st Street near 1st Ave.
Turns out my unit was extremely dirty, not cleaned, stains everywhere, just the complete opposite of what you would expect when moving into your unit on the first day. Called maintenance and they said they will not be able to clean my place until Monday. I should not have to live in here like this for these 2 days!! I just paid soo much money!!!
My realtor says I can't back out, once we sign the lease it's binding and now that I "technically" moved in, I can't back out. I only have myself and two suit cases with me. My furniture arrives in about 3 days.
I paid security deposit and first and last months rents already. Is my realtor right that I have no choice to back out? I just got the keys this morning, and it's just me and two suitcases!!
I'm now thinking of subleasing this place out so I can find another place but my wife will explode if I put her through anymore headaches. Besides, even if I do sublease, I probably will not be able to recover what I put down in terms of money.
Can you pay to have a cleaning service come this weekend and then perhaps give this bill to your landlord? Does the lease agreement say that the unit is clean and in working order? Check the fine print and did you look at the place before you moved in...that might be the gotcha.
So my wife and I signed our lease to this apartment a week ago while still living out West. She is the one who saw it briefly when she came here a month ago. I never saw it. I went by her description and took her word for it that it was the right place.
So we signed all the lease papers remotely last week and our lease started yesterday April 1st. I just flew in this morning, got the keys from the Super, and came up to my place. It's located on the Upper East Side on 71st Street near 1st Ave.
Turns out my unit was extremely dirty, not cleaned, stains everywhere, just the complete opposite of what you would expect when moving into your unit on the first day. Called maintenance and they said they will not be able to clean my place until Monday. I should not have to live in here like this for these 2 days!! I just paid soo much money!!!
My realtor says I can't back out, once we sign the lease it's binding and now that I "technically" moved in, I can't back out. I only have myself and two suit cases with me. My furniture arrives in about 3 days.
I paid security deposit and first and last months rents already. Is my realtor right that I have no choice to back out? I just got the keys this morning, and it's just me and two suitcases!!
I'm now thinking of subleasing this place out so I can find another place but my wife will explode if I put her through anymore headaches. Besides, even if I do sublease, I probably will not be able to recover what I put down in terms of money.
Any suggestions???
I am so sorry..I practice real estate..although not in NY. Your agent is correct. Most leases do allow for you to " walk through " with your landlord or representative and if you did not do that and signed then basically you accepted the property in the condition it is.. I wish you the best and I am so sorry. I don't know the laws on subletting so I can't advise you there. Good Luck..
Cleaning service coming this weekend is a good idea. I'll have to look into this. I doubt my landlord will pick up the bill though but I will call and see.
Cleaning service coming this weekend is a good idea. I'll have to look into this. I doubt my landlord will pick up the bill though but I will call and see.
Thank you!
If you haven't already done so, you might want to take some pictures of the dirty stuff and the stains prior to the cleaning company.
Just out of curiosity, is it the cleanliness of the apartment that you want out or do you just not like the place itself? If it's the cleanliness, then that seems resolvable with your own cleaning crew and/or waiting until Monday.
If you just don't like the place and are using the condition to try to get yourself out of the lease, that would seem like a problem since leases are legally binding contracts (I think, although I'm not an attorney). IMO, your wife saw the place and if you don't like her decision that doesn't seem like the landlord's fault.
So my wife and I signed our lease to this apartment a week ago while still living out West. She is the one who saw it briefly when she came here a month ago. I never saw it. I went by her description and took her word for it that it was the right place.
So we signed all the lease papers remotely last week and our lease started yesterday April 1st. I just flew in this morning, got the keys from the Super, and came up to my place. It's located on the Upper East Side on 71st Street near 1st Ave.
Turns out my unit was extremely dirty, not cleaned, stains everywhere, just the complete opposite of what you would expect when moving into your unit on the first day. Called maintenance and they said they will not be able to clean my place until Monday. I should not have to live in here like this for these 2 days!! I just paid soo much money!!!
My realtor says I can't back out, once we sign the lease it's binding and now that I "technically" moved in, I can't back out. I only have myself and two suit cases with me. My furniture arrives in about 3 days.
I paid security deposit and first and last months rents already. Is my realtor right that I have no choice to back out? I just got the keys this morning, and it's just me and two suitcases!!
I'm now thinking of subleasing this place out so I can find another place but my wife will explode if I put her through anymore headaches. Besides, even if I do sublease, I probably will not be able to recover what I put down in terms of money.
Any suggestions???
Put your furniture on hold. Go to a hotel for the night. Have an attorney renew your lease. You will probably lose a little money but it would be better than moving in here and suffering.
I think wanting to leave because the place is dirty is a little short sighted. You are probably reacting from emotion. Granted - they should have had it clean for you, but take a breath. Best option is live with it for two days. Second option: Your landlord may pick up the tab on the cleaning. Take pictures of the before. Write a letter with your next months payment that you are withholding the amount of the cleaning from your rent, and you expect the landlord to write it off as an expense. Include a copy of the receipt. Let them know you have a lawyer, or better, have your lawyer draft the letter. It is very unlikely they'll want to haul you into court over $150 or so. I'm not a lawyer, but I'm a landlord. The laws and the courts are very tennant friendly.
I think the above poster meant have an attorney review your lease. Your realtor does not want to get embroiled in anything - what else do you think they are going to say?
Which speaking of realtors - since you had one and you weren't able to be there for the walk through - why didn't they do it for you? I think that should be part of their service - the fact that they didn't - tell them no recommendations from you, that you feel they let you down and
maybe you should ask your realtors and or Broker (boss) to pay for the cleaning? They probably won't but asking would drive home how unhappy you are.
You should be able to negotiate something, especially with an attorney. Typically aren't 1 of the deposits so a landlord can clean should someone leave it dirty? So the previous tenants money should have paid for a cleaning - you should be able to negotiate that.
If you like the apt, neighborhood, etc. I would try to get it cleaned and figure out how to stay.
However..................the fact that the management seems to be taking advantage of you because you couldn't do a walk through doesn't bode well.
I would knock on some doors and ask tenants how the feel the management, super etc.
If they have tons of complaints and think what happened to you is normal - it might be worth losing your deposits by breaking the lease. Easy for me to say, I personally don't have that kind of money
But maybe better than being stuck in a building with crappy management.
Hey everyone thanks a lot for all the responses! I've been cleaning the place for the past 4 hours myself now. Probably need another hour and I should be all done aside from a few repairs I want done that I noticed while cleaning.
I mean when I first walked in, the bathroom and tub were distgusting, toilet was really dirty both inside and out ( I don't mean to distgust anyone but you get why I got so upset really quickly) and floors were really dirty, small and large particle items on the floor, cigarette wrapper on bathroom floor, used dirty cup in one of the kitchen drawers, I mean the list goes on and on.
I went downstairs to complain and tell them I'll just get my own cleaning crew and they said just wait until Monday when the Super is here.
Many of the units in this building have microwaves in them and mine doesn't so I'm going to tell him he owes me a microwave lol.
My realtor told me this was the first time she has ever heard of the place not being cleaned or out of shape (don't they always say that). She also said once I'm binding in the contract, no backing out. We did bring up possibly going into another unit in this same building that may be a little nicer in terms of cleaning and updating but there is no more availability.
I just got even more frustrated as the morning went on because I started doing more apartment searches and found so many way more nicer than mine for almost the same price AND NO FEE!! Hate that we paid a fee!
Whatever, it's a 12 month lease only, I learned my lesson, and will be better prepared when lease renewal comes up and I will go looking somewhere else and this time I'll know exactly what to look for.
Again thanks everyone!! Now I'm starting to appreciate the place a little more since it's about 85% cleaned lol.
Last edited by NYC_2011; 04-02-2011 at 03:11 PM..
Reason: Wrong word usage**
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