tenant v. prospective tenant

[eingyre]

Hi, I have a situation that I hope someone can offer some useful advice. I responded to an bulletin about a rent stablized apartment for a really good price. The ad was sent by the current tenant who wishes to get out of her lease 4 months early (it ends in December). The tenant told me on the phone that she also wishes to sell her furniture as a whole package to the propective tenant. When I got there, the apartment was definitely worth the money, but it seemed she had already moved all of her furniture and stuff out. She left a few pieces of junk furniture that i can't possibly use, maybe except for one. It is definitely not worth the 2 and a 1/2 times the rent price she was charging for the stuff. She said that she won't signed the Letter of Intent to Vacate until she gets the money either certified check or money order. I heard from various sources that this is illegal. But what can I do about it? I have already met the landlord. He's approved me and everything, but there is nothing he can do without the Letter of Intent to Vacate. Should I suck it up and give this unethical person the money? Help!!!

[digerati]

eingyre,

i would draft an agreement between you and the landlord, stating that he would accept you as the prime tenant upon the current tenant's vacancy, thus securing the apartment. then, don't pay the current tenant these extra funds... and tell them you'll wait as long as it takes to get the apartment (i doubt the current tenant will want to continue to pay rent) and mention your agreement with the LL. then, if/when this tenant discontinues rent paytments, the LL can move to evict, ask for rent arrears from the current tenant, and give you the apartment.

my guess is that if you lay out this scenario to the current tenant, that he/she would drop the demand and give you the apartment.

that said, im not a lawyer, and dont consider this legal advice. good luck.

[HAJ77]

First, the furniture is just a cover, the tenant knows a stabilized apartment is valuable and wants to be financially rewarded. So, what you have to ask yourself is this aparmtent worth paying 2 1/2 months rent for. If you're planning to stay for several years and the price is right, then maybe it would save you money over the next few years to "buy the furniture" which just happend to come with a stabilized apartment. That said, be careful beacuse this might explode in your face, I'd suggest putting the money in escrow with an attorney that way you won't get screwed.
I'd like to hear from one of the many tenant lawyers on the board regarding the legality of this deal. It sounds fishy to me.