Hello,
I currently have a lease in Manhattan that, for many unforeseen circumstances, I am no longer able to comfortably live in any more and lasts until May 2021. I vacated the apartment and my landlord is telling me that, as it is written in my lease, I have defaulted. I don't dispute this, even though it seems weird that if I continue to pay rent I will have defaulted.
My question is, assuming I do default and the landlord is required by law to attempt to mitigate damages, what damages am I liable to pay? The rent will likely be lower due to coronavirus, so I understand I need to pay the difference in rents. They also use a broker, so I understand that I will need to pay a broker's fee.
That being said, the landlord has also claimed I need to pay for application fees as well as any concessions they offer, such as free months of rent. I find this hard to believe, especially if they just offer 7 months free rent and do a 18 month lease, then I am paying an exorbitant amount of money.
Would someone be able to help me understand my rights? Are they only legally entitled to the broker's fee and the difference in rents?
This is the official language in the lease:
C. Whether the Apartment is re-rented or not, Subtenant must pay to Owner as damages:
(i) the difference between the Rent in this Sublease and the amount, if any, of the rents collected in any later sublease
of the Apartment for what would have been the remaining period of this Sublease; and
(ii) Owner’s expenses for the cost of getting Subtenant out and re-renting the Apartment, including, but not limited to,
putting the Apartment in good condition repairing damages, decorating and/or cleaning the Apartment for re-rental,
advertising the Apartment and for real estate brokerage fees; and
(iii) Owner’s expenses for attorney’s (except in the event of a default judgment).
Thank you very much!