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Re: RE: desperate to get out of my lease

Posted by sue on June 28, 2000 at 15:12:56:

In Reply to: RE: desperate to get out of my lease posted by Tammie on June 28, 2000 at 14:03:03:

: June 1st i moved into a 2 room apt in lower Bay Ridge, Brooklyn on the first floor of a 9 unit bldg; it faces the street. I signed a 1-year lease. The weather was cool when i looked at the apt, so the streets were generally quiet.

: Now that the weather is warm, i get no peace when i get home at night. The people who live across the street in a larger building are always on my side because the hydrant is there. The kids play basketball through the last rung on the fire escape and blast their radios, and the adults BBQ on a gas grill and fix their cars--all outside my window!!! And this goes on until the wee hours (most of them i found out are on public assistance and don't get up in the morning--this is the only time of day that it is quiet).

: I hate to sound like a crank...but i have to keep the A/C going constantly, if only to drown out the noise. And the fumes fill up my apt. And i'm sure that one day i'm going to come home to a broken window.

: Please don't suggest that i talk to them, because frankly, i'm white and they are hispanic and aren't friendly towards me to begin with. And i'm afraid of retribution if i complain, because they all seem to be related to the super of my building. I don't know if the police will help, because they drive down my block pretty frequently and don't say a word about the radio volume.

: And i know it's not me, because i found out that there were 2 other tennants there all in the same year before me (they took other apartments upstairs facing the back).

: So my question there any way i can (legally) get out of my lease should i find another apartment within the next month or so, without losing my deposit?

: I would appreciate any suggestions.

You could give your landlord 30 days notice and go out on your security deposit (i.e., don't pay the last month's rent) -- which is not technically legal, but seems to be standard operating procedure in NYC. Or, give 30 days notice, pay your last month, then hope for the best -- and be prepared to take the landlord to small claims court if it really means that much to you. Or, you could just eat the deposit -- which also happens all the time. Depends how badly you want to get out of the apartment, and at what cost. Whatever you do, take pictures of the empty apartment before you vacate, to prove that you didn't cause any damages -- so the landlord can't claim that he needs your security deposit for repairs.

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