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I'm not subleasing. Brand new lease. He also said in an email that we needed to pay the security deposit and first month's rent to "finalize" the lease. We did neither.
I wish he was more understanding, and would let us terminate the lease. He has 23 days to find someone else. But he said we'd need to go to court to terminate the lease.
Yeah, he's under no obligation to let you out, but if it goes to court, he's going to lose, so not sure why they'd insist upon taking it that far. unfortunately, sounds like you might need to lawyer up, but hopefully a demand letter from an attorney threatening punitive action if you're not released should do the trick; courts here are verrrrry friendly towards tenants
Yeah, he's under no obligation to let you out, but if it goes to court, he's going to lose, so not sure why they'd insist upon taking it that far. unfortunately, sounds like you might need to lawyer up, but hopefully a demand letter from an attorney threatening punitive action if you're not released should do the trick; courts here are verrrrry friendly towards tenants
I found this:
A lease in New York is only binding "when it is signed by both parties and delivered." See 219 Broadway Corp. v. Alexander's, Inc.
He never sent me a signed copy of the lease. Can I rescind the lease because it is not yet binding since I haven’t received a signed copy?
A lease in New York is only binding "when it is signed by both parties and delivered." See 219 Broadway Corp. v. Alexander's, Inc.
He never sent me a signed copy of the lease. Can I rescind the lease because it is not yet binding since I haven’t received a signed copy?
Not really; it's common for countersigned leases not to be delivered to the tenant until after they move in to the apartment, and the LL can sign tomorrow and it would be considered binding.
Again, it's not necessarily valid because no consideration (consideration = money) has been exchanged. A contract needs to be signed by both parties but must also have consideration exchanged for it to be valid in NY. So LL has signed lease but no monies, which means they really have nothing.
You are providing them with ample notice you won't be able to continue with the lease due to loss of employment, so you wouldn't be able to fulfill the terms of the lease, and frankly, I'm puzzled as to why the LL would still pursue anything against you, as it's obvious you wouldn't be able to pay the rent anyway.
Are you sure you're hearing directly with the LL in terms of their response, or is this coming from the real estate agent? Would you mind PM'ing me the name of the agent you're dealing with, and which building?
Nope, he's a Licensed Real Estate Salesperson. He rents all apartments in the building.
We haven't moved in. We don't even have the keys or a copy of the signed lease. I assume the owners wanted the deposit and first month's rent before signing the lease so he paid for us (without asking).
Now here's refusing to let us off the hook. Bummer.
The whole thing was executed wrong. I can't say that I blame him for being upset though. It doesn't sound like he was a bad guy considering he was giving you free time in the unit and was willing to wait till the 15th to get paid. When I execute a lease payment and security deposit is due in full that day we sign. Occupancy takes place when the lease starts. I may give the keys a day or two early if it's a holiday weekend or something.
I just learned over time what not to do.
I would of just gone to the owner and explained. I'm willing to bet that he never does this again for another tenant. I'm not sure why he's doing the court thing. I don't see how he is gonna win if it's a mitigation state (you better hope it is) and he has no funds from you. Especially since the lease hasn't even started. He jumped the gun.
I think he is just threatening the court deal to put pressure on the OP hoping they will pay up.
I agree with others. LL screwed up by not collecting the required money to make it a valid lease. I can't imagine a judge that would side with LL on this situation.
I still don't quite understand. Did they mail you a lease to sign that the LL hadn't signed yet and then you mailed it back to them and you have not yet received a copy of that lease yet?
^Could be it had to go to the owner for approval or something. I'm not sure who actually signed the lease as the landlord in this situation. When I've worked with some companies it is standard for the tenant to sign then the lease has to be sent to someone higher up in the company to sign, and eventually (a week or two later) it makes it back to the tenant for their records.
Not really; it's common for countersigned leases not to be delivered to the tenant until after they move in to the apartment, and the LL can sign tomorrow and it would be considered binding.
Again, it's not necessarily valid because no consideration (consideration = money) has been exchanged. A contract needs to be signed by both parties but must also have consideration exchanged for it to be valid in NY. So LL has signed lease but no monies, which means they really have nothing.
You are providing them with ample notice you won't be able to continue with the lease due to loss of employment, so you wouldn't be able to fulfill the terms of the lease, and frankly, I'm puzzled as to why the LL would still pursue anything against you, as it's obvious you wouldn't be able to pay the rent anyway.
Are you sure you're hearing directly with the LL in terms of their response, or is this coming from the real estate agent? Would you mind PM'ing me the name of the agent you're dealing with, and which building?
Agent. Not sure what changed (I did send him an email), but he did a complete 180. Now he's saying we should have no problem getting out of the lease and that he'll talk to the owners on Monday.
I'll PM you the name of agent and building if I don't hear positive news on Monday.
The whole thing was executed wrong. I can't say that I blame him for being upset though. It doesn't sound like he was a bad guy considering he was giving you free time in the unit and was willing to wait till the 15th to get paid. When I execute a lease payment and security deposit is due in full that day we sign. Occupancy takes place when the lease starts. I may give the keys a day or two early if it's a holiday weekend or something.
I just learned over time what not to do.
I would of just gone to the owner and explained. I'm willing to bet that he never does this again for another tenant. I'm not sure why he's doing the court thing. I don't see how he is gonna win if it's a mitigation state (you better hope it is) and he has no funds from you. Especially since the lease hasn't even started. He jumped the gun.
I do think he had go intentions, but it's a bit weird paying out security deposit and first month's rent without asking us. And it's not a small amount of money.
This is in New York City.
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