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I currently live in a rent-stabilized building and have been having an issue with a noisy neighbor for the last several months. The apartment manager has called numerous times and sent a letter requiring the person to carpet 2/3's of the apartment. The tenant is a college student who's father is the actual lease holder. He has been making noise non-stop. Between the banging, stomping, shifting furniture, loud parties and being woken up throughout the week at 3 and 4am I am at my wits end. I have documented the noise including a minimum of 20 noise complaints as the management advises us to call the police (laziness on their part perhaps). We do have a peaceful enjoyment clause which stipulates that a tenant causing or permitting a nuisance can be evicted without the consent of DHCR. I should also mention here that the building is not being maintained, the latest tenants leave trash in the halls, the super does not sweep or mop regularly (leaving god knows what on the floors) and has not been capable of making requested repairs to my apartment. My question is whether I can break my lease without paying for the rent balance? All of the apartments have rented fairly quickly given the location and rates but I don't want to get stuck.
Legally you're responsible for paying the rent for the duration of the lease and the circumstances you relate aren't cause to break your lease without penalty. Do you have a clause in your lease which addresses early termination? The best thing to do in such situations is talk to your landlord and come to a compromise. If, as you say, the units move quickly this shouldn't be a problem. In any case, your landlord can't legally "double dip" on rent and he does have to try and mitigate his damages by making every effort to re-rent the apartment. Good luck.
Read your lease. I would not expect that you could break your lease early. You may be able to sub let it.
Check your local noise restrictions laws and then call the Police if they are breaking the noise restrictions law. Do you know the Father's (owner) contact details? Call him up, he might also speak to his son and that may help (or not).
Read your lease. I would not expect that you could break your lease early. You may be able to sub let it.
Many, many leases have early termination clauses - particularly in cases where owners have multiple units. For a huge array of reasons subletting (in the majority of cases this is something which LL's don't permit and is written into the lease agreement) is not a good idea for a tenant to enter into. The tenant remains responsible for the sublessee's adherence to all the clauses of the lease for its duration. In other words, if the sublessee fails to pay rent, creates damages or anything else, the primary leaseholder is totally responsible.
Read your lease. I would not expect that you could break your lease early. You may be able to sub let it.
Check your local noise restrictions laws and then call the Police if they are breaking the noise restrictions law. Do you know the Father's (owner) contact details? Call him up, he might also speak to his son and that may help (or not).
Why couldn't they break their lease?
The real question is, "What kind of penalty will I face by breaking my lease?"
As already pointed out, the OP needs to read their lease and see what it says about early termination.
Talk to the management and see what they suggest. If it is rent controlled, it should be easy to re-rent and the landlord can't charge double rent. As soon as there is a new tenant, you would be off the hook.
It will cost you something, but you need to go and talk to the management to see how much it will cost.
The unit will rent a lot faster of you clean it up sparkling clean. Perhaps you and management can arrange an open house day, when they show the unit while you are still in it. Then maybe they can find a replacement tenant before you even move out.
Whatever you do, don't sublet. With a sublet, you are still responsible for all the rent and for any damage done. I'd be surprised if they allow subletting in a rent controlled building, anyway.
Our leases state that we can sub-let or do a lease assignment with the landlord's ok. They also say that we can apply for a rent reduction if issues affecting habitability are not addressed within 10 days of a registered letter to the landlord. Given my experience with him and his wife (the apartment manager), they only care about the money and are not concerned with the tenants or their comfort. I have already emailed the manager who responded a few months ago. I also have the letter sent to the tenant after he and his friends threw beer on my door. I would not be comfortable subletting particularly since I am moving out of the area. Perhaps my best bet is to write another letter and then request to get out of the lease? This way I have recourse through DHCR?
Our leases state that we can sub-let or do a lease assignment with the landlord's ok. They also say that we can apply for a rent reduction if issues affecting habitability are not addressed within 10 days of a registered letter to the landlord. Given my experience with him and his wife (the apartment manager), they only care about the money and are not concerned with the tenants or their comfort. I have already emailed the manager who responded a few months ago. I also have the letter sent to the tenant after he and his friends threw beer on my door. I would not be comfortable subletting particularly since I am moving out of the area. Perhaps my best bet is to write another letter and then request to get out of the lease? This way I have recourse through DHCR?
An email is not a registered letter. The standard and legally accepted form of communication would be a return receipt certified letter but if your lease says a registered letter then send a registered letter.
I don't know what "DHCR" is but you have to go by what your lease says and also understand your rights under state landlord tenant laws which take precedence over your lease if that lease contains clauses contrary to state law. As far as lease assignment or subleasing is concerned, your lease says (as do many) that this can be done only with the permission of the landlord but doesn't say or imply that such permission will be granted.
Our leases state that we can sub-let or do a lease assignment with the landlord's ok. They also say that we can apply for a rent reduction if issues affecting habitability are not addressed within 10 days of a registered letter to the landlord. Given my experience with him and his wife (the apartment manager), they only care about the money and are not concerned with the tenants or their comfort. I have already emailed the manager who responded a few months ago. I also have the letter sent to the tenant after he and his friends threw beer on my door. I would not be comfortable subletting particularly since I am moving out of the area. Perhaps my best bet is to write another letter and then request to get out of the lease? This way I have recourse through DHCR?
You should post in the NYC forum. There aren't many people here who know about the NYC stabilized rent rules and how much different they are from most rental laws.
Last edited by jdm2008; 03-31-2013 at 01:37 PM..
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Re: Can I break my rent-stabilized lease?
