Subtenant of co-op building cannot afford move out fee

[kearnan]

What is the name of your state (only U.S. law)?

Brooklyn, New York. I have been a subtenant of a co-op building (my LL also lives in building) for over 17 years. My lease has a clause that I am supposed to pay $1,000 move out fee. I have a small studio. I lost my job and went through all my savings, thus the reason why my LL is not renewing my lease b/c I can no longer afford to live here.

I am basically broke and am going to donate all my furniture so that they will take it since I cant afford to store it. I told my LL that I CANNOT afford the $1,000 move out fee...I just dont have the money.

She told me that the management company could give me a hard time? She knows that I havent worked in about a year and that I am broke (I was honest with her).

Can they sue me if I dont have the move-out fee or will they expect my LL to cover the move-out fee. I plan on taking pictures and video of my apt. and the hallways (which are wallpapered and I already see tears and dont want to get blamed for it).

What can they do to me if I have to move out by July 1st but cannot afford the $1,000? Please advise...Thank you.

[John_DFW]

Assuming you paid a security deposit and there are no damages or no damages that exceed the security deposit amount plus the move out fee, they would most likely just deduct from the deposit and not take you to court. Yes, they can sue for this.

If you are unable to pay rent they can also start eviction proceedings. If you have somewhere else to go, would they put in writing to waive the move out fee to avoid the hassle and expense of an eviction?

[kearnan]

I am not being evicted. I am finishing out my lease with help of friends to cover my $1,000 rent until I have to move.

But I dont have the $1,000 move-out fee, if I did I would pay it**************I live in an elevator building that goes down to a ramp...it should take me no more than two hours to move out.

What would be the best way to handle this? My LL knows that I dont have the fee. Would they not then hold her repsonsible since she is the owner and lives in the building.

I expect it would take me no more than two hours to be out of here.....

[kearnan]

I apologize for reposting a new thread...I am trying to respond to the previous answer I received. I hope I am now doing it correctly since I hit reply.

brooklyn, ny

I had been told by this site that as a subtenant for 17 years that the management company/or coop board could SUE me for not having the move-out fee.

I have been a subtenant for 17 years and am moving out when my lease ends.

I just went through the whole lease and it states "IF the apartment corporation imposes any "move-out" deposits or fees, I shall pay such deposit or fee when requested by the Apartment Corporation."

I am leaving when my lease is over b/c I have been unemployed for over a year and am broke and have to move in with friends. I do not have the money for a move-out fee....I cant even afford movers and plan on having Salvation Army or Goodwill take all my furniture since I cant afford to store it.

If the lease does not specifically state what the cost of move-out fee is....can they sue me and can they charge whatever they want if the amount is NOT listed in the language above?

Thank you. I am broke and I cannot even afford moving men let alone a move-out which although mentioned above in the lease, it does not state the amount of the move-out fee nor does it mention any repercussions.

So can they go after me without even stating an amount in the lease. I dont have the money so I have no choice in this matter....Would not the legal shareholder (my LL) who lives in the building be responsible?

thank you. very hard times.

[divona2000]

...I plan on taking pictures and video of my apt. and the hallways (which are wallpapered and I already see tears and dont want to get blamed for it). I have to move out by July 1st...

Yes, do that for your move-out, but you should have done it when you moved in for proof the tears were already there.

...I live in an elevator building that goes down to a ramp...it should take me no more than two hours to move out...

...plan on having Salvation Army or Goodwill take all my furniture...

Have you contacted them yet and asked what items they are accepting?
If you are not dropping the stuff off, and they need to come out, how much notice do they require to schedule your donation pickup? (Sometimes it's weeks). Can they get your items out of your building?

[John_DFW]

Could you try and sell the furniture instead of donating it?

If you don't have the money, ask the landlord at move out to deduct from your security deposit. What makes you think the landlord will take the time and expense of taking you to court instead of deducting from your deposit? Do you have a security deposit or not, and is it sufficient to cover this amount?

[xylene]

IF the building is not rent controlled... then the clause is probably legal.

[kearnan]

I have been here for 17 years......so the building was different and so was the wallpaper in the hallways 17 years ago. Plus, numerous other people have moved in and out on my floor and have furniture removed and brought in....so it wouldnt have mattered if I took photos 17 years ago.

What I dont understand is how can they state a move-out fee without stating the amount of the move-out fee in the lease. Wouldnt they have to add the actual amount of the move-out fee in the lease....I mean they could turn around and tell me its $5,000....or can it be no more than what my security was?

But now I have looked and see numerous tears and some places where the wallpaper is coming off the walls so for my own protection, I want to take photos of it BEFORE I have to move.

Can they actually block me from moving? At this point, I wouldnt care and would just take my clothes and photos and they can have the rest.

I guess I will have to see if Legal Aid can help me.....
Thank you very much.

[John_DFW]

I wouldn't worry about the wallpaper if it's in a shared hallway in the building, and not inside your individual unit.

They can't stop you from moving.

The options they have are to deduct from the security deposit, or take you to court.

If they take you to court you can discuss the validity of the move out fee (you could take them to court to challenge the move out fee if they deduct it from your security deposit, but I suspect it is legal)

[divona2000]

...Can they actually block me from moving?
...At this point, I wouldnt care and would just take my clothes and photos and they can have the rest...

No. It's an apartment, not a prison.
The landlord may charge you disposal fees for getting rid of whatever you leave behind.

[You Are Guilty]

They won't physically stop you (although, if they have the ability, they may turn off the freight elevator to prevent you from using it).

Beyond that, their remedy is to sue you and/or your LL for the money they allege is owed. That's it.