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is this lease valid?

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bwaz

Junior Member
What is the name of your state (only U.S. law)? new york

My son signed a lease March 20,2010 and the lease started April 1, 2010. He lived there for a couple of months then moved out. We sent a 60 day notice of termination to the landlord.
I just found out that a certificate of occupancy was NOT issued until APRIL 6th 2010 .This is AFTER he signed the lease and AFTER the date of the beginning of the lease.
My questions are: 1 is this a valid lease? 2: According to the lease we are supposed to pay for the 2 months of the termination. Is this still valid?
3: It states that since we terminated the lease we forfeit the security deposit- is that invalid and can I get that back?
4.he did not live in the apartment since Aug. 25th. We paid september's rent because the landlord threatened a law suit. Can we get septembers rent back if this lease is invalid?
 


BL

Senior Member
What is the name of your state (only U.S. law)? new york

My son signed a lease March 20,2010 and the lease started April 1, 2010. He lived there for a couple of months then moved out. We sent a 60 day notice of termination to the landlord.
Ok . When did the landlord receive this 60 days notice ? ( not when you sent it ).

I just found out that a certificate of occupancy was NOT issued until APRIL 6th 2010 .This is AFTER he signed the lease and AFTER the date of the beginning of the lease.
Ok ,so the process of obtaining a certificate of occupancy was in place .

My questions are:
1 is this a valid lease?
Yes.

2: According to the lease we are supposed to pay for the 2 months of the termination. Is this still valid?
I'm not sure if you're referring to 60 termination notice toward the end of the lease ,or an early termination penalty ?


3: It states that since we terminated the lease we forfeit the security deposit- is that invalid and can I get that back?
Depends on the above ,but generally you would forfeit it ,yes .

4.he did not live in the apartment since Aug. Th. We paid September's rent because the landlord threatened a law suit. Can we get Septembers rent back if this lease is invalid?
Again it depends on the wording of the lease ,weather it was a timely 60 days notice ,weather the 60 days notice was to be given toward the ending 2 months of the lease ,or if it was an Early termination notice , and what date the LL received the 60 days notice .

Your posting is not clear .
 

bwaz

Junior Member
is this a valid lease

since there was no certificate issued before my son signed the lease, then he moved into an illegal apartment.

the landlord received 60 day notice sept 29

I don't think he should send any more money since the apartment was illegal when he signed and moved in.
 

BL

Senior Member
since there was no certificate issued before my son signed the lease, then he moved into an illegal apartment.

the landlord received 60 day notice sept 29

I don't think he should send any more money since the apartment was illegal when he signed and moved in.
Thanks for sharing your thoughts.
 

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