Landlord changed locks, but I was still paying rent (though moved out of apt)...

[schlotz]

I had a one year lease through June in NYC. I then wrote a letter during mid March to Landlord expressing intent to break or assign his lease as soon as possible, but gave no indication he would not pay for the remainder of the lease. I moved out of the apartment on March 25th. Landlord then cashed a check for April's rent on March 26th. I have always been up to date with the rent.

On April 2, I went into apartment and noticed the toilet has been removed and placed into the bathtub without his prior knowledge/approval.

On April 6, I learned that Landlord entered the apartment, without approval, and performed a 'walk-through' without my knowledge, and determined that the apartment didn't have any damage to it other than 'normal wear and tear'.

On April 15, I noticed that the landlord had changed the locks and I'm no longer able to enter apartment.

On April 16, I wrote a letter to Landlord demanding April's rent back as well as security deposit. Landlord told me to go jump in the river and that I'm liable for May and June regardless of his actions (toilet removal/changing of locks etc).

Any thoughts on my standing here in NYC?What is the name of your state (only U.S. law)?

 

[JETX]

Any thoughts on my standing here in NYC?

Yep. Your next step should be to the courthouse.

 

[justalayman]

I have not sought specific laws for new york but I can tell you that in Ohio, this would have been considered to be abandonment and what the LL did was entirely legal.

I had a one year lease through June in NYC. I then wrote a letter during mid March to Landlord expressing intent to break or assign his lease as soon as possible, but gave no indication he would not pay for the remainder of the lease. I moved out of the apartment on March 25th.

So, you tell the landlord you are going to break the lease and then you move out and you are surprised he considered it to be abandoned?

I'm not really seeing your point here.

 

[Alaska landlord]

Abandonment is good enough reason for your landlord to change the locks.
You would still be liable for the rent for the remainder of the lease agreement.

 

[schlotz]

On Abandonment. Does one abandon property even though they continue to pay the rent?

I paid April's rent. I never gave any indication I would not be using the apartment for other purposes. I never gave any indication that I would not pay May and June. Is it not my right to leave my apartment empty? to have more than one apartment at any time I see fit? What if I wanted to stay there a few nights a week on my air mattress? Further, the landlord denied my request to break the lease. I did NOT break the lease, i simply moved my things out of the apartment. is it not my right to have quiet enjoyment of the apartment until I cease payment?

It's as if X leases a car from Y. X says, I want to get out of leasing the car before term is up. Y says no. X thereafter takes his coffee mug out of the cup holder. Next day X pays lease payment for following month, having never been late for a payment. The day following Y cashing X's check, Y changes lock on door of car. X would have paid through the remainder of the term of lease, but now is unable to use car as he had contracted. would it make any less sense if Y did this on the presumption X had purchased another car?

 

[schlotz]

Under the theory of abandonment, is it not my right to possess until i become delinquent on my rent? and by landlord changing locks/ripping toilet out prior to any delinquency, is he not dispossessing me of my property? Thus rendering the lease broken . . . by the landlord?!

 

[Alaska landlord]

Check NYC laws for what constitutes abandonment. Also, your lease agreement may have defined what your landlord considers abandonment and what you have signed off to.

 

[Alaska landlord]

Remember, it was you that wrote and told him you were going to abandom the apt. He need not give permission; but he can hold you to the terms of the lease.

In some states you would have to be delinquent in your rent and and have left the premises for x amount of days, but this is not the case. You actually wrote him of your intentions and emptied out the apartment.

 

[schlotz]

I was simply upholding my end of the lease. I was paying rent. I should have had the right to possess the apartment until I ceased to do so. So under his/your theory, I could continue paying rent for April (which i already have) for may and june, but NOT be allowed access to my apartment? I'm not sure I understand how that works.

 

[justalayman]

=schlotz;2236954]On Abandonment. Does one abandon property even though they continue to pay the rent?

Yep. Abandonment is simply ...well, abandoning the apartment which would be defined as moving out.

Is it not my right to leave my apartment empty?

Like I said, I cannot speak to NY specifically but in at lest one state; NO.

What if I wanted to stay there a few nights a week on my air mattress?

then you shouldn't have told your LL you were intending on moving out and breaking the lease.

Further, the landlord denied my request to break the lease.

Um, you DID break the lease.

I did NOT break the lease,

yes you did.

is it not my right to have quiet enjoyment of the apartment until I cease payment?

see above


a car isn't an apartment.

 

[schlotz]

I think you may be confusing the common understanding of the definition of abandonment and the legal one, but thank you for your commentary.

 

[schlotz]

Further, please explain how I broke the lease. Does the lease stipulate that I must have my things in the apartment? Does it state that I must sleep there? I continue to pay rent. That is my end of the bargain. The other end of the bargain is to allow me quiet enjoyment. Please explain your conclusions. Thank you.

 

[justalayman]

I think you may be confusing the common understanding of the definition of abandonment and the legal one, but thank you for your commentary.

I think you are just confused and will not settle for any answer other than the one you want. Let me know how this turns out if you have to go to court for failing to pay the lease remainder.

 

[Alaska landlord]

This is not that difficult to understand. You declared to your landlord by written notice that you were breaking the lease. He has no power over you to deny your action to break the lease. You then vacated the contents of the apartment proving to your landlord that you had executed your declaration to break the lease. The landlord has it within his power to hold you to terms of the lease until he can find another renter. If taken to court, pictures of an empty apartment and your written notice should be sufficient to prove that you indeed vacated the unit.

If it will make you feel better, someone here will differ and give you the opinion you are looking for. Keep in touch.

 

[schlotz]

I do appreciate your thoughtful comments Alaska LL.
If I were to now tell my landlord that I wanted to continue using my apartment after he changed the locks, but he refuses, what then?