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

Posted by Emily on October 01, 2001 at 13:50:26:

In Reply to: Re: end of lease agreement: NY state (tangent) posted by Emily Winerock on October 01, 2001 at 13:42:02:

btw, this a rent stabilized apartment in Queens, (6 units) and it was a one year lease. also, we were the first non-rent controlled tenants.


: 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?

: Thanks,
: Emily

: : : : 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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