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Re: end of lease agreement: NY state (tangent)

Posted by Emily Winerock on October 01, 2001 at 13:42:02:

In Reply to: Re: end of lease agreement: NY state posted by Sue on September 02, 2001 at 23:06:46:

I have a related question:

I found (and got) a new lovely apartment, but the leases overlap by one month, is there a way to not pay rent for both apartments for November?
My roommate and I gave our current landlord thirty days notice (as she requested). We offered to help look for new tenants and found people who were interested for the price we were paying ($1500) or slightly more.
The problem is that the landlord said the new tenant will be charged $1700 a month from the get go, and she will take our deposit as the last month's rent if no new tenant is found for Nov. 1.
As far as I know, no improvements are planned, and frankly the apartment is not worth $1700 a month. The people I'd found aren't interested with the increased rent, and I doubt that she'll find anyone at that price before Nov 1.

Is there anything we can do?
Can she take our deposit for not finishing out our lease by one month while refusing to let us sublet/or have someone else finish it at our rent?
Does she have to try and rent it out?
Does the advice below apply to us too?


: : : We just renewed our lease for one year (we are not rent controlled or rent stabilized), unfortunately due to work problems, we must leave the country soon. Is there a way to end our lease without having to pay for the whole duration?
: : : Thanks

: : I'm in Manhattan

: Yes, and it's legal. You ASSIGN your lease by following the rules in the RPL, article 7, sec 2xx. Real Property Law.

: Go to
: click on New York Tenant Info.
: click on 'laws for all tenants.

: or type ASSIGN into the search box on this page.

: ps: you can try asking first, remember: in THIS state, the landlord is required to 'mitigate' the damages: he can't just sit back and not try to rent your apartment and make you pay the whole lease. he must try to rent it AT THE SAME price.

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