How likely for landlord to sue in this situation? (Rent Stabalized Apt)

[mathjak107]

a tenant has an agreement to pay 12 months rent in a lease agreement if it is one year . a security deposit is not rent .

while a landlord could start eviction proceedings if a tenant does not pay the last months rent and defaults so the security deposit is used the reality is by the time the case came up the tenant is out .

but you are allowed to put it in the lease they are responsible for legal fees in the event of an eviction preceding and tell them you use an attorney that can cost at least 500 bucks to handle it . they will be responsible for that fee plus any additional if you have to sue to collect that fee , regardless if they are out or not as you will file . .

our rental agent checks references with former landlords . they ask if the tenant forced the use of the security deposit . if they did they are not considered .

i got burned to many times to not hold a security deposit at the end . our non stabilized apartments require first and last months rent and security deposit .

if you go for a mortgage and the bank checks references technically not paying last months rent and forcing the use of the security deposit is a default in the agreement and could count as a negative potentially .

[campers]

I'm confused about when the lease ends since it is being broke early. The amount of money you owe right now aside, how many months are left in the lease that you are breaking? More than one month? If so, sounds like you got a lucky break since you only have to pay one month (deposit) for that time.

[Cida]

Originally Posted by dblock28

I only missed one month rent I only said January because that's what the management company refers to it as. However u want to look at it I lived there about 13 months and am 1 month behind in rent. Im too tired to keep explaining.

As I already said, the security is not applicable to your lease, and it's foolish to risk the possible fallout from not paying.

The real mystery is why you didn't offer, or the LL didn't suggest, back in January, that you find someone else to take over your lease if the problem is that you're in financial difficulties. A lot of LLs are amenable to that.

[rent.in.nyc]

Originally Posted by dblock28

You don't seem to understand what im saying either. if I pay the rent I owe I DO NOT get the security back because they said I broke the lease so they can keep my security even if I paid every single month owed and they agreed to let me out of the lease they still KEEP my security in their words "BECAUSE I BROKE THE LEASE" That is illegal

You should only pay 1/2 month's rent....$ 700 and they keep your sec dep for the January month's rent.
That's a wash then. They cannot keep your sec dep because you broke the lease.

[Kefir King]

dblock,


Real World: They will use your security deposit of $1400 to defray the $2,100 and you will not hear from them again.
It costs a large company far more than $700 to make a big stink.