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Re: Break Lease which is 7 Days Old - Would Like to Break

Posted by Dylan on February 22, 2000 at 00:05:24:

In Reply to: Break Lease which is 7 Days Old - Would Like to Break posted by Fall Guy on February 21, 2000 at 20:16:09:

: I signed a lease with a friend/business partner 7 days ago. I entered the apartment and found him irritated and irrational due to drug use. He tried to get me to leave, eventually using physical violence. In defending myself I caused a cut injury on him, while my bruises did not show up until later that day. I was consequnetly arrested for asault and bared by the court from entering the apartment. I put $15,000 of the $17,000 to get into the apartment (security, 1st month, brokers fee).

: We had a verbal agreement, as well as an agreement in writing that he would [ay me back half - a usual agreement involving money.

: I would like to break the lease entirely and have us both move out - We had moved in 2 weeks earlier than the lease specified and the start date has not yet begun (march 1st).

: How do I get out of the lease, get my >$15,000 back and resolve myself of the liability for the rent? We are both on the lease.

: Thank you,
: Fallguy

"We are both on the lease." This is a problem.

If your landlord or the super attacked you, it would be an Illegal Lockout (link on main page http://www.tenant.net/)

On the other hand, the court already evicted you: "bared (sic) by the court from entering the apartment."

Don't stop payment on those checks unless a lawyer tells you to: the landlord could sue you.

Call a landlord/tenant lawyer first thing in the morning: call Himmelstein (ad in page), or one of the ones that write the Housing Court pages (from the main page): you can't afford not to. Don't call just anyone. Sound like you might also need a personal injury lawyer and a criminal lawyer. Get referrals from this one.

What a mess! Good luck.

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