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Breaking a lease/legal issue

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Breaking a lease/legal issue

Postby dacoplin » Mon Apr 07, 2003 10:10 pm

I have a problem... I signed a two year lease and a year and 1/2 into it decided to to buy a place and move. I told my landlord I wanted to move out. She agreed that I could move out and she would let me find someone to rent the apartment out for a year. Three weeks after I moved out she said she wanted to move back in 6 months and I could only rent the apartment out for six months. This obviously was impossible. She broke her agreement with me to let me rent the apartment out for a year so I believe I don't owe her all of the back rent. She never showed the apartment or tried to rent it out! Can someone tell me if she negated our original contract when she agreed to let me rent it out and then "changed her mind" Also, doesn't she have to try to rent the apartment out?

I'd love to hear from a lawyer.
Thanks.
dacoplin
 
Posts: 1
Joined: Mon Apr 07, 2003 1:01 am
Location: NY

Re: Breaking a lease/legal issue

Postby consigliere » Tue Apr 08, 2003 12:05 pm

Proving what you and your landlady agreed to would be very difficult.
 
In New York, it's really not clear if a residential landlord has to mitigate damages by trying to rerent an apartment.
 
If this is a rent stabilized apartment, you are allowed to sublet for up to two years, even if this beyond the expiration date of your lease.
 
You could also attempt to assign your lease. If your landlady unreasonably refuses to consent to the assignment, you can terminate your lease.
 
consigliere
 
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Joined: Sun Mar 03, 2002 2:01 am


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