TenantNet Forum

Where tenants can seek help and help others



Bought house so I'm breaking my lease. Deposit back?

Rights for non-regulated tenants

Moderator: TenantNet

Bought house so I'm breaking my lease. Deposit back?

Postby impunchdrunk » Tue Dec 16, 2008 2:43 pm

Hello, I just bought a house and I'm moving in come January. My current lease is up in February. The management company said that it's okay that I leave but as a result, I'm forfeiting my security deposit and don't have to worry about any kind of court proceedings. My question is this: Are you allowed to break a lease if you buy a house? I sent the company a certified letter letting them know what I'm going to do. If buying a house allows you to break a lease, should I fight for my deposit back or just leave well enough alone?
impunchdrunk
 
Posts: 28
Joined: Tue Mar 13, 2007 10:10 am

Postby TenantNet » Tue Dec 16, 2008 2:50 pm

Why would buying a house get you out of a contract with a third party?

Make certain you get in writing what the LL told you, i.e., a release.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 10326
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Postby impunchdrunk » Wed Dec 17, 2008 4:14 pm

Sent letter to management company stating my intentions. Someone from sales and leasing called me back and told me that she would be sending me a letter attesting to letting me out of my lease and forfeiting my security deposit. I'm going to give her until Monday for that.
impunchdrunk
 
Posts: 28
Joined: Tue Mar 13, 2007 10:10 am

Postby JohnMI » Wed Dec 17, 2008 5:47 pm

When exactly did your original lease end? You said "in February" -- but was that Feb. 1st or something else?

Is your security deposit more or less than 1 month's rent?

If it is MORE and your lease is up Feb. 1st, then wouldn't you be better off just paying for January's rent and getting your S/D back at the end?

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
Posts: 43
Joined: Tue Apr 08, 2008 1:35 pm

Postby impunchdrunk » Wed Dec 17, 2008 5:53 pm

The lease ends February 29th. The security deposit is equal to one month's rent. I'm willing to give up the one month's rent due to the inconsiderate woman that lives above me. I just want to be out of there and never look back.
impunchdrunk
 
Posts: 28
Joined: Tue Mar 13, 2007 10:10 am

Postby JohnMI » Wed Dec 17, 2008 6:12 pm

Sounds good -- but I think you should be thanking your management for letting you out a month early then -- as opposed to "giving them until Monday" and such. It sounds like you basically saved a full month! Shouldn't you be happy?

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
Posts: 43
Joined: Tue Apr 08, 2008 1:35 pm

Postby impunchdrunk » Wed Dec 17, 2008 6:19 pm

JohnMI wrote:Sounds good -- but I think you should be thanking your management for letting you out a month early then -- as opposed to "giving them until Monday" and such. It sounds like you basically saved a full month! Shouldn't you be happy?

- John...


Oh, I'm quite happy. I just want what they told me to be in writing. I don't want to settle into my new home and after a month or so happen to see a blurb on my credit report. I'm just trying to cover all of my bases. And when I said 'giving them until Monday' what I mean is that I'm giving them until Monday to get back to me with that in writing. If I don't have it in writing, I'll ask again for confirmation.
impunchdrunk
 
Posts: 28
Joined: Tue Mar 13, 2007 10:10 am

Postby JohnMI » Wed Dec 17, 2008 10:30 pm

Sounds good! Glad it worked out for you. Cool that they let you out early without dinging you for that extra month.

- John...
[I am not a lawyer. This is not legal advice. Your mileage may vary. Look both ways before crossing.]
JohnMI
 
Posts: 43
Joined: Tue Apr 08, 2008 1:35 pm


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 70 guests