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Early termination of a lease

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Early termination of a lease

Postby jhanni » Sat Aug 02, 2003 11:03 pm

I currently reside in Queens, NY, and I have a lease that runs until November 2003. When I notified the Landlord, in July, that I will be moving at the end of August. I was handy an agreement to sign that said that I would pay August's rent (a given), also September's and October's rent, and on top of that forfeit my one month Security Deposit.

There is nothing that I can see in the lease that covers early lease termination, so natural I'm wondering if the Landlord is trying to pull a fast one.

I have not signed the agreement but, I am wondering what are my rights, and who I should contact if indeed the Landlord is trying to be cute?

Thank you in advance.
jhanni
 
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Re: Early termination of a lease

Postby Rodneystri » Sun Aug 03, 2003 2:41 am

You signed a lease that does not expire until the end of November, unless their is a lease breakage clause in the lease you ae obligated until the lease end or until the LL re-rents the apt. :)
Rodneystri
 

Re: Early termination of a lease

Postby consigliere » Sun Aug 03, 2003 10:41 am

You could attempt to assign your lease, and if the landlord unreasonably withholds its consent, you could terminate your lease with 30-days' notice.
 
See Real Property Law §226-b(1).
 
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Re: Early termination of a lease

Postby Tuky » Wed Aug 13, 2003 10:42 am

What does that mean ASSIGN a lease?
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Re: Early termination of a lease

Postby Chimera » Wed Aug 13, 2003 11:59 am

Assigning your lease basically means you are signing the remainder of your lease over to another person (with landlord's permission), thereby releasing you from it.
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Re: Early termination of a lease

Postby remogul » Wed Aug 13, 2003 8:49 pm

I can tell you quite confidently that you will be held responsible for paying rent until the landlord can find another tenant. Most likely the court would award him/her 60 days (two months) rent past the COURT DATE. By that time you'll end up getting the short end of the stick. If you want out you can either claim a hardship of some sort (lost job, family emergency, etc...) or find another "QUALIFIED" tenant to take the apartment (very hard to take this route). You absolutely cannot assign your lease or sublet without prior written approval from the landlord... which they will most likely not give you.
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Re: Early termination of a lease

Postby remogul » Wed Aug 13, 2003 8:51 pm

By the way... you may as well just retain possession of the apartment rather that siging that agreement. You will be paying full rent through your lease expiration anyway... May as well retain posession.
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