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Posted by TenantNet on September 26, 1997 at 16:38:11:

In Reply to: Cost of Re-renting fines posted by Michael Lee on September 26, 1997 at 16:00:57:

: I am in the process of terminating my lease in NYC. In order to do so
I needed to sign a Lease Termination agreement. The landlord wants to
charge the cost of re-renting the apt back to me. Some of the cost them
claim is repainting, cleaning, repair and advertising. I have never seen
an advertisment or listing but they claim they do so. Do I have the right
to ask for reciepts?

It's a scam. Although technically tenants are responsible for the term
of the lease, in order for a landlord to claim "damages" from your leaving
early, he must show he's economically damaged, i.e., that he can't re-rent
the unit. Of course in NYC with it's low vacancy rate, they can rent the
unit tomorrow and they suffer no damages. Any cost of re-renting a unit
is their normal cost of doing busines, as is things like repainting and
cleaning. Your deposit should cover any real damages, but not normal
maintenance or cleaning. Some tenants withhold the last month rent in
anticipation of not getting their deposit back. I would not sign any
such agreement or pay them any money. You might lost your deposit, but I
guarantee you, with this re-renting scam, they aren't going to stop there
and they would conjure up some fake damages to claim against your deposit.

: What can I do to make sure they are not just pocketing my money.
: P.S. They do not have mirrors in the elevators as per a requirement I have read. Can I use this against them?

: Thanks in advance for any help you can provide.

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Comments:
: : I am in the process of terminating my lease in NYC.  In order to do so 
: I needed to sign a Lease Termination agreement. The landlord wants to 
: charge the cost of re-renting the apt back to me.  Some of the cost them 
: claim is repainting, cleaning, repair and advertising. I have never seen 
: an advertisment or listing but they claim they do so.  Do I have the right 
: to ask for reciepts?

: It's a scam. Although technically tenants are responsible for the term
: of the lease, in order for a landlord to claim "damages" from your leaving
: early, he must show he's economically damaged, i.e., that he can't re-rent
: the unit. Of course in NYC with it's low vacancy rate, they can rent the
: unit tomorrow and they suffer no damages. Any cost of re-renting a unit
: is their normal cost of doing busines, as is things like repainting and
: cleaning. Your deposit should cover any real damages, but not normal
: maintenance or cleaning. Some tenants withhold the last month rent in
: anticipation of not getting their deposit back. I would not sign any
: such agreement or pay them any money. You might lost your deposit, but I
: guarantee you, with this re-renting scam, they aren't going to stop there
: and they would conjure up some fake damages to claim against your deposit.

: 
: : What can I do to make sure they are not just pocketing my money.
: : P.S. They do not have mirrors in the elevators as per a requirement I have read.  Can I use this against them?

: : Thanks in advance for any help you can provide.


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