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Old 05-15-2010, 09:30 PM
 
227 posts, read 821,519 times
Reputation: 82

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My lease expires at the end of November and I need to move out just before September 1. I am scheduled to pay September and October, but November is a free month. I have a 2-month security deposit.

So, if I keep the apartment through the lease term (despite not living here), it's basically a wash as I pay 2 months I don't live here, but get the 2 months security back.

If I try to get out of my lease, I'm afraid I lose the 2-month security deposit plus end up having to pay for some vacancy periods or something and actually end up worse off!!

What do you think is the best way to go in this scenario? I did e-mail my broker about getting out of the lease, but haven't heard back yet. Also, I will be living close enough to NYC that I would probably make some weekend trips here if I were to retain the apartment.
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Old 05-15-2010, 10:08 PM
 
979 posts, read 4,455,823 times
Reputation: 519
So unless you've destroyed the place you will own them 1 month if you walk away? You could offer to let them start showing it now in order to get a new tenant in place . That might induce them to void the lease if they can have an uninterrupted rent flow. Unlikely your broker will offer any advice since he is the one who said how swell you were. Go directly to management or the LL.
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Old 06-07-2010, 11:17 PM
 
3 posts, read 8,667 times
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I was sexually assaulted in my stairwell 2 days ago and our apartment complex has no security guard, no call boxes, no cameras and just about no outside lighting. I can't even sleep at night anymore and I want to break my lease. Is it possible?
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Old 06-07-2010, 11:18 PM
 
3 posts, read 8,667 times
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oh yea, i filed a report with the police, made a statement and made a statement/incidence report with management
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Old 06-08-2010, 02:12 AM
 
106,594 posts, read 108,739,314 times
Reputation: 80086
id check with an attorney, usually beyond basic security like working locks your security is your problem and not grounds for breaking a contract...

cameras,guards ,call boxes are all nice added touches but not requirements....

there may be exceptions to breaking a lease because of security issues but its a case by case issue
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Old 06-08-2010, 05:03 AM
 
979 posts, read 4,455,823 times
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Unfortunately the only requirements that a LL has to adhere to are pretty minimal.

NYC Rent Guidelines Board

The only way you could sue the LL or leave (of course) is if there was something in place in addition to the above when you took possession and has since deteriorated such as a broken CCTV system or a doorman that has since been let go. This would lead to potential monetary damages in your favor if it was the case.
OR If you could, with the help of an attorney write a letter maintaining the difficulty of continuing to live there with any evidence that basic security measures were not followed such as people buzzing strangers in (any neighbor who could attest to this would help) you might find the LL amicable to letting you go free in lieu of a potential lawsuit.
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Old 06-08-2010, 05:24 AM
 
106,594 posts, read 108,739,314 times
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smart landlords know that other then the above required by law they should not react to tenant security issues.....

it can be construed that a landlord who puts in cameras after an incident is assuming responsibility for tenant security.

upgrades should only be done as enhancements to the building , never as an after the fact reaction to an incident
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Old 06-08-2010, 05:17 PM
 
13 posts, read 91,668 times
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i paid a lease for a few months on a vacant apartment. no one lived there, i tried to break the lease with every way i could, and they were going to send me to court. thankfully, i had the $ to pay, so i just paid it and they gave me my security back at the end. i turned off the electricity, heat and unplugged the fridge..etc...in the apartment, but i didnt give back the keys until the lease was up. if you can afford to pay those 2 months, then do so. its really hard to break a lease unless something is wrong with the apartment. a mice problem is a good way to break lease, do you have a mice problem by any chance?
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Old 06-08-2010, 05:34 PM
 
106,594 posts, read 108,739,314 times
Reputation: 80086
there are ways to try to get out of leases that are fairly easy and legal to do if a landlord isnt well versed in ny's surrender and control laws...

rather then rehash heres our previous discussion

//www.city-data.com/forum/new-y...apt-lease.html
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Old 06-22-2010, 12:31 PM
 
5 posts, read 48,822 times
Reputation: 11
Default Mice and now a roach - how can I break my lease?

I complained about a mice problem to my super twice. He lives on same floor and said he had a problem too. Most recently, he informed me of a tenant the landlord was trying to evict because she is FEEDING mice and pigeons outside of the building. When I called the landlord, she denied knowledge of any pest/bug problem, but admitted she fired the exterminator 6 months ago because no one used the service. I've seen mouse droppings, caught two baby mice on a glue trap and last night I saw a roach larger than the ones I see on the street walk across the living room (since first sighting of vermin I have been meticulous about cleaning, bleaching, keeping things in plastic, etc).

I mentioned to the landlord that I wanted to break my lease if the problem continued and she responded that she was going to call a large extermination company and have the super seal the cracks in the floor. To date neither has happened.

Does anyone have advice on how I can get out of my lease without penalty? Am calling housing board for advice on letter wording? Anyone with experience using NYC tenant attorneys - how much do they typically charge?

Thanks!
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