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My lease expires on Dec 31st. I've resigned the lease for 1 year term in November. It's an apartment building.
I just found a new place and would like to know if I give my present landlord 30 day notice will that be good enough to nullify the next years lease. It's not in effect anyway yet, and there is still plenty of time to rent this apartment. Also the building was badly damaged by sandy. still intermittent electricity and hot water, no elevator or garbage collection. Any way I can use that to my advantage if he resists?
Also can I asks him to use my security deposit so that I don't have to pay December's rent?
You can ask for anything, sure. Doesn't mean he has to give it to you. You've both signed a legally binding lease. I imagine if you told him you wanted to move, and that you had someone else willing to sign a fresh lease for the same terms as the one you're terminating, and you have a good relationship with the landlord, he may let you.
The security deposit is supposed to be used only for damages caused by the tenant, not to count as rent money. However it's certainly not unheard of that it is used that way anyway. Maybe your landlord is okay with that, maybe not. I wouldn't let you, because what if I go to inspect the place after you move and you've left behind damages?
Ask nicely and hope for the best basically, but bottom line is you're asking for a favor that doesn't legally have to provide.
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