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05-20-2013, 02:21 PM
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Location: NYC
3,065 posts, read 5,207,428 times
Reputation: 2971
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Yes, yet another one of these questions...asked over on the NYC forums, but didn't get much of a response..So thought I would ask the experts here on renting forums 
I am in a horrible condo, and can't wait til i can leave. I rent through the owner. My landlord has Power of Attorney over her brother, the owner, who is now in assisted living. Apparently he is wealthy and doesn't even need the rent money.
I have been dealing with terrible noise upstairs that has been increasing my anxiety and depression and insomnia. Loud guitar playing, really loud squeaky floors, which I know is not the people upstairs's fault, but makes it very hard to relax and even harder to sleep! This is an issue for me, I take medication for both anxiety and insomnia, and having a situation like this is my worst nightmare.
I found a new place that I could move into. It's a second floor and my friend lives downstairs. In a great area and cheaper rent than I am paying now. prob be in August.
My current landlord seems to be cool, she told me once if I gave her time to find the new tenant, then I could break the lease. This is due to the noise issues I have been experiencing...she is aware of them, but can't do much to control them. She seems like an easygoing, nice woman, but I know that can change. The condos in this development seem to rent very easily, so I doubt she will have a problem finding a new tenant. I am also going to offer to reimburse her for the application fees she had to pay for me to move in here. What are my odds that I won't have a major problem breaking the lease? It would be up in December of this year, if I lived it out.
Just the thought that I may be able to leave here is making me happy but I don't want to get too excited.  |
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05-20-2013, 03:55 PM
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Location: NJ/NY
10,649 posts, read 18,063,664 times
Reputation: 2821
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Get everything in writing.
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05-20-2013, 03:58 PM
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1,263 posts, read 3,159,337 times
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There's no way for us to estimate the odds of your landlord agreeing. You'll just have to ask and find out. Good luck! |
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05-20-2013, 03:59 PM
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912 posts, read 1,453,191 times
Reputation: 2293
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It really depends -- I know some landlords really are that easygoing and laid back about it, but yes to above -- get everything in writing. How much notice do you need to give her? What happens if she can't find a tenant and you've already signed a new lease? Once she finds a tenant, how long do you have before you need to be out? Those things need to be in writing.
This seems to be a pretty popular time of year to move, so yeah, hopefully she can find a new tenant quickly and everything works out for you. Good luck!
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05-20-2013, 04:08 PM
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Location: Simmering in DFW
6,951 posts, read 21,862,768 times
Reputation: 7268
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Two things you might do to prompt her into action and empathy. You might drop her an email (so she can respond to it and you have some record of the interactions) thanking her for her understanding in allowing you to end the lease when a new tenant is found and ask if there is anything you can to do help recruit a new tenant such as perhaps you, yourself posting the place on Zillow, Trulia or Craigslist or maybe take photo's for her to have if she wants to post the place. You might also ask if she would like you to provide a doctor's note regarding your health issues that make living on the first floor of a condo, especially this one, difficult for you. You might offer that in the position of "Would you like me to provide you this for your records just in case there is any potential future audit or fudiciary responsibility issue in connection with this matter?" Just a couple of thoughts.
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05-20-2013, 07:10 PM
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Location: NYC
3,065 posts, read 5,207,428 times
Reputation: 2971
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Thanks everyone for the advice...I work for attorneys and one is willing to help me draft a "Surrender of Lease" which would document everything properly, if she lets me break the lease.
She rented out an identical condo across the street (her mom's that passed away) and she listed it through real estate, and found a tenant in a few weeks. And the condo I am in is even nicer than that one. So I have a feeling she won't have a problem renting this out at all....
This is my first time having a lease, I have always had month to month rentals and it was great, because I wasn't tied down....
Last edited by jen5276; 05-20-2013 at 08:14 PM..
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05-21-2013, 01:03 PM
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Location: Silicon Valley
18,814 posts, read 30,146,432 times
Reputation: 38405
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In NYC, unfortunately, landlords don't have the duty to mitigate damages when someone breaks a lease. In other states and cities, it's easier to break a lease.
I found this article on NY Times website:
http://www.nytimes.com/2012/03/11/re...o-do.html?_r=0
If the rents are going up like crazy in NYC like they are here in the SF Bay Area, it may benefit the LL.
How handy your boss is a lawyer :-) Good luck to you. I hate living on the bottom floor, too :-) |
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