Right way to break a lease...
Hello B’stoners… Am in an unfortunate situation in an apartment where I need to move out and break the lease. Without going into details, let’s say I think I am justified and the management company disagrees. But I have been looking on tenant.net for answers and can’t find the right section…am hoping someone has it…
Hello B’stoners…
Am in an unfortunate situation in an apartment where I need to move out and break the lease.
Without going into details, let’s say I think I am justified and the management company disagrees.
But I have been looking on tenant.net for answers and can’t find the right section…am hoping someone has it bookmarked and can post the link, or can find it quicker than me…
For instance, I seem to remember hearing/reading that if I find a suitable replacement, the landlord must take them on, and can’t disallow them based on spite…
Any merit to this?
Putnam Denizen is right, landlords are requierd to mitigate their losses in Brooklyn, but not Manhattan (different caselaw in 2 different departments, and the split has not been addressed by the Court of Appeals).
Slick is right. If you move, you’re liable for rent until the landlord finds another tenant – but they must make a good faith effort to do so.
Have you documented your grievances – taken photos, put complaints in writing and sent by registered mail etc.? It might not come to that, but if you’re dealing with a big professionally managed building, they’re not likely to be charitable.
I always thought that most, if not all landlords don’t try to enforce the lease as long as you give proper notice. I have left in the middle of 2 leases on good terms with the LL by giving at least one month notice.
The legal cost of enforcement, and the less than 50/50 chance of actually winning and then collecting in full pretty much stops most owners dead in thier tracks
The short answer: No.
The long answer: LL might be persuaded to take a replacement in exchange for a rent increase.
The real answer: There isn’t nearly enough info in your post to provide a good answer.
And Putnamdenizen, you’re joking, right?
Mitigation is required in Brooklyn, but not Manhattan.
What are the details?
1. location and cost of apt.?
2. when do you intend to move out?
3. amount of your security deposit?
4. communications with landlord?
5. likelihood of finding another tenant of equal or greater value?
The main trick will be getting your security deposit, but you have a lot more power than you realize.
Theoretically, you are on the hook for the remainder of the rent. However, the landlord has a duty to mitigate and find another tenant. As a general rule, that means the actual damages are minimal.
You cant just move any old crack head in there. You have to send them a letter stating your plans and replacement tenant. Include a copy of the person’s credit report and refrences if you can.
All grievences regarding the condition of the apt, or management should of been sent via certified mail. By law the owner must address them within a resonable amount of time agreed by both parties.
A lease is a contract. If you up and leave you will be sued for the loses in rent.
Jack Slade
type “nyc break lease” into google- it brings up a lot of good information. Also check http://www.rentlaw.com.
Don’t think the landlord must take on a replacement tenant, but many will so as not to lose money.You really need to get some legal advice because even if you are in the right, you still have to give notice.
And a lot depends on the reasons you are moving out. Disliking the landlord is not enough. But tenants do have rights and if the apartment is not kept clean, vermin free, and otherwise habitable, you may be able to use that as leverage. If management wants to be bastards about it, you’ll still probably end up in court.