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Early lease termination: LL refused to release

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renterNYC

Junior Member
What is the name of your state? New York

My husband received a job offer and we have to move out of NYC next month. Unfortunately, the lease to our apartment only ends in April next year. We contacted the management office and was told that they do allow early release from lease. We told them that we have no choice but to move because of the job situation but their response was a big NO and that was it, no room for negotiation whatsoever. We are now at wits ends. We are mentally prepared to compensate them by paying termination fees or rents till they find a new tenant but a big NO means we have to pay additional 4 months of rents for nothing which really is a big burden to us. Looking at the way the management responded to us, we now also have a bad feeling that the management will not refund us the security deposit, even though we have kept the apartment in excellent shape.

Now, the question is, what could we do to get out of the lease with minimum cost? Generally, does the landlord have the rights to say no to lease termination and just sit back and do nothing?

We are moving out next month and we'll have to handover the apartment to the management office. Right now I'm thinking that I'll write to the management office regarding our intention to move and request that they take back the apartment on the day we leave. But what will happen next? Will they simply hand us an invoice for rent till next April?
 
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treese

Senior Member
Now, the question is, what could we do to get out of the lease with minimum cost?
It is going to cost you the rent, until a replacement tenant is found, advertising costs, agent fees and any other costs the landlord may incur due to your breach.

Generally, does the landlord have the rights to say no to lease termination and just sit back and do nothing?
Yes and no.

The landlord does not have to allow you to break the lease. It is a legally binding contract.

The landlord is required to mitigate his damages by attempting to find a replacement tenant.

We are moving out next month and we'll have to handover the apartment to the management office. Right now I'm thinking that I'll write to the management office regarding our intention to move and request that they take back the apartment on the day we leave.
Naturally, the landlord is going to take back the apartment. That does not release you from your lease obligations.

But what will happen next?
The landlord can deduct any of the above mentioned costs from your security deposit. The landlord can hold you liable for the rent until a replacement tenant moves in.
 

renterNYC

Junior Member
Thanks treese. I understand what you're saying. The part that worries me is this:

The landlord is required to mitigate his damages by attempting to find a replacement tenant.

What if the management company refuse to try to find a new tenant? Are they allowed to do that? From our conversation, it seems that they flat out rejected our lease termination and we did not even have the opportunity to offer money to sweeten the deal. We are prepared to give them 2 months and they could rent it out in Jan (we are moving out first week in Dec and paying whole Dec rent) hence earning 2 additional months! It's weird but it could only mean that they are either too lazy to find a new tenant OR they plan to double dip and get as much money from us as possible!

If the management did eventually double-dip, is there a way for us to find out and use it against them?

Also, can I try to find a new tenant for the management company? Is that allowable?
 

Zigner

Senior Member, Non-Attorney
we are moving out first week in Dec and paying whole Dec rent
How gracious of you to follow the law.

Also, can I try to find a new tenant for the management company? Is that allowable?
Of course it's allowable. Just keep in mind that the new tenant you find would have to be acceptable to them...
 

BL

Senior Member
Thanks treese. I understand what you're saying. The part that worries me is this:

The landlord is required to mitigate his damages by attempting to find a replacement tenant.

What if the management company refuse to try to find a new tenant? Are they allowed to do that? From our conversation, it seems that they flat out rejected our lease termination and we did not even have the opportunity to offer money to sweeten the deal. We are prepared to give them 2 months and they could rent it out in Jan (we are moving out first week in Dec and paying whole Dec rent) hence earning 2 additional months! It's weird but it could only mean that they are either too lazy to find a new tenant OR they plan to double dip and get as much money from us as possible!

If the management did eventually double-dip, is there a way for us to find out and use it against them?

Also, can I try to find a new tenant for the management company? Is that allowable?
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

You do not say in what type of housing you live in .

house/building # of Apts. , or Apt. complex with many Apt. units that generally have quit a few unoccupied Apts . ???

You should stop talking and send them a certified RRR letter . ( keep a copy , or the unopened return letter ) for records.

State what you have here , and the offer you propose .

State for the record they flat out refused , and state if that is the case , you will want proof of their attempts to mitigate your damages , as in re rental , and the date of re rental .

If this is a large complex and they advertise rentals , tenants can generally chose which unit to rent , so your may go unrented for the term of the lease .

You will forfeit your SD .

I suppose if you get no responses as to proof of re-rental , you could sent a letter to your that address each month , addressed tenant at : and see if any new tenant will write you back to verify .
 

renterNYC

Junior Member
Thanks Lebinese, I'll draft the letter and mail it out first thing tomorrow. I live in an apartment complex with 81 units, don't see many vacancies around here. Infact, I paid one month broker's fee to get this apartment and for anyone to get this place without paying the fee, I'll say it's a good deal. I'll try to post around Craigslist and hopefully will find a new tenant soon.

Alaska, my husband is infact getting a very generous relocation package as part of the move. That said, the package only covers 2 months of rent for lease breaking, which I think is usually sufficient from what I've read so far here in the forum. We might try to negotiate for more but I doubt we'll get it.

I guess I just want to emphasize that we are not trying to get out without paying. I just don't understand why the landlord does not want to work out an amicable solution since there's no way for us not to move. I know a contract is a contract and we are obligated to perform as required. However, things happen and lease breaking happens all the time. Why not just charge us some fee, find a new tenant and everyone is happy. Is it better to just say no and push us to the corner and let's bring everyone to the court? Does it benefit the landlord more to wait till our lease end before they rent out the place again?

Anyway, thanks for all the responses, especially Blonde Lebinese. Your advice is greatly appreciated.
 

BL

Senior Member
I'll try to post around Craigslist and hopefully
will find a new tenant soon.
Unless it's written in your lease to assign it over , or sublet , management does not have to allow it . Then once you vacate you are turning over possession to management/LL.

Read the link I posted about assigning and subletting .
 

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