Ethical way to break lease ... and not be screwed

[pete_468]

Ok, here is the deal: after living for seven years in New York, 2 years in the current apartment, I have to leave the country because the INS did not renew my work visa.

The lease contract runs out in November but I have to vacate end of January. The landlord, with whom I never had any problems, asks for 3 months rent in advance to hedge himself in case he cannot rerent the apartment (in case he is able to rerent, he says he would pay me back whatever is left). On one hand, I know that I am breaking a contract (thanks, INS!), and would like to do the ethical thing. On the otherhand, I also know that by giving him the money, he doesn't have to move a finger for 3 months.

Since I probably will not come back to the States for a couple of years (I will move to Europe), I could just be a typicall a*hole and leave, without saying anything. However, I would like to be ethical without srewing myself! In particular, I would like to pay for any "missed months" but only if there is a real effort on his side (over which I don't really have control from overseas). I suggested that I would pay month by month, but he is not comfortable with that. I don't want to p*ss him off, just because I believe he would be less inclined to find a new tenant quickly.

What is the best way to handle this situation? Any ideas, hints, tips, experience reports would be highly appreciated!

Thanks in advance,

Peter

[NYCkid]

Why dont you offer to find him a suitable replacement to take over your lease? Make every effort to help him find a suitable tenant, even if it means taking out an ad at your own expense. If you deal with him in good faith like this and he refuses and still wants the money, send him a postcard from Europe.

[Chimera]

I think what NYCkid has suggested is a wonderful idea, you don't have to risk your three months rent, and your landlord won't have to be apprehensive about losing any money. Perhaps it would also be a good idea to tell local Real Estate agents about the vacancy, they might have somebody ready to move in and they will check references for you. And kudos to you, pete, for wanting to do the right thing. I hope you and your landlord find a suitable comprimise. Good luck.

[Phil Cohen]

Yes--and there are also websites (not this one) and email lists where you can post msgs. re your apartment becoming vacant. Believe me, if the apt. is rent stabilized you will get it rented, particularly if it is in Manhattan.
He cannot unreasonably refuse to sublease your apartment.

[pete_468]

Thanks to all (NYCkid, Chimara, and Phil) for the replies. Unfortunately, the Landlord has very strict conditions a potential tenant I bring to him must have ). And the apartment is even on prime location (Upper West Side, 3 minutes from the park). ... Maybe it's just the January slump!

Cheers and thanks again,

Peter

[NYCkid]

Have you undergone the legal procedures for subleasing or assigning the lease? You need to notify him of your intentions with a certified letter asap if you have not.

What is his criteria for a new tenant? If it is unreasonable and he is just trying to get your 3 months (I have a sneaky suspicion this is the case) then you may be able to have his opposition over-ruled in court.

Also, I too congatulate you on trying to do the right thing.

<small>[ January 09, 2003, 02:16 AM: Message edited by: NYCkid ]</small>