I need to get out of a lease that violate CPLR 4544
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the problem in our locality is the courts have never clarified just what is meant by help mitigate damages by helping to re-rent.
like i said does a sign on a lawn on a dead end street qualify,? there is nothing that really says what the landlord has to do on the tenants behalf.
if the rental office has many apartments avail for rent do they have to show your first? nothing at all is spelled out so basically the tenant stays on the hook
Most circumstances where the lease is terminated early, you forfeit the security deposit and rental payments are made until the LL finds a suitable replacement and they sign their lease.
The lease may state the LL can charge for the remainder of the term, however, that would mean the LL is not putting the apartment on the market and seeking a replacement, so most opt to do the above, because by law the LL can not re-rent the unit and collect rent twice.
If you haven't made it clear to the LL that the lease is void under CPLR 4544 and that the entire security deposit be refunded (provided there are no damages to be deducted), as well as another violation in the state of NY....Why haven't you? Putting it all in writing and send it certified to the LL, keeping a copy for yourself.
It's safe to say this LL isn't going to budge on the security deposit issue, And bc you have no representation (lawyer), the next thing to do would be to file in small claims court using CPLR 4544 as your reason to recover your SD. If the lease does in fact fall under that ruling, the judge would have to grant you the recovery., like I said earlier, why would laws such as this be made if the courts don't plan to enforce them? It's a technicality in your favor.
BTW, request a walk thru inspection with the LL and take pictures with dates to protect yourself.
One other thing...should the LL put these "new" terms in writng and you agree, you don't stand a chance to recover the SD.
Virgode, I made up my mind. This is exactly what I am going to do. Finally I have some peace in my mind...
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