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Verbally asked to end lease but have to stay till end

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Ganesh722

Guest
My wife and I are at our wits end and would apprecitate any information supplied. Well here goes: We reside in New York and had signed a lease with our landlord that is for one year with an expiration of 10/31/00. Around April or May of this year we called our landlord and advised him that we were in the process of looking for a home and asked about the possibility of terminating our lease early. He wished us luck and was agreeable on early termination as long as he was able to show the apartment and asked that we did not terminate when it was more difficult to rent out the apartment. We did not put this request down in writing and he did not ask for it in writing.
We eventually found a home and began the purchasing process. We called the landlord and told him that we would most likely be vacating the apartment by October 1. Again nothing was put in writing about our leaving early but he was agreeable to our request. Well as luck would have it the closing date on our home came and went and the process was not completed. There were problems encountered by our sellers that they had no control over and the closing was pushed back to the middle of October.
I called the landlord by the last week of September and told him of the problem in the closing and he stated that these things happen but to try and do the best we can in order to vacate in a timely manner.
It is now October and our landlord has changed his attitude. He demanded that we vacate and has threatened to sue us if we don't. We had never put anything down in writing about our intention of vacating early and unfortunately can not vacate till the home we are purchasing closes which will coincide with the end of our lease by the end of October. I had sent out the rent payment for October when I realized that we would still be residing in the apartment. Can the landlord drag us in to court eventhough the lease is till the end of October and can he keep our security because he claims we are costing him money? Thanks!
 


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peter

Guest
NOPE since NOTHING was in writing in NY you stil have a valid lease!

So he will keep your security deposit, and you will have to sue him in small claims court for it back....

NOW learn this lesson: Take lots of pictures before you move and lock the door for the last time, the kitchen, bathroom rugs carpet doors and make an extra set so you will have them to show a judge.

Remember NO ONE showed up in a UHUAL on OCTOBER 1st... wanting to move in..

OH YOU MUST MOVE BY THE 31ST....no excuses even if you have to put your stuff in storage, or rent a truck for a few extra days, and sleep in a hotel room.....then he would have a right to take you to court as a holdover and get even with you!
 
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boohoo

Guest
Gee, I'll bet you would be complaining big time if you went ahead and moved out on the 1st like you had planned and TOLD the landlord you were going to do, then the LL turned around and said you owed him for the whole month of October because by the letter of the law your lease was still in effect. Not only could he have lost a tenant that didn't show up on your doorstep on Oct. 1, but he probably has the advertising expense to find a new tenant that you should be responsible for. You didn't want to be held to the lease and now you are turning around and only because its convenient for you its a different story. Shame on you.
 
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Ganesh722

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:
NOPE since NOTHING was in writing in NY you stil have a valid lease!

So he will keep your security deposit, and you will have to sue him in small claims court for it back....

NOW learn this lesson: Take lots of pictures before you move and lock the door for the last time, the kitchen, bathroom rugs carpet doors and make an extra set so you will have them to show a judge.

Remember NO ONE showed up in a UHUAL on OCTOBER 1st... wanting to move in..

OH YOU MUST MOVE BY THE 31ST....no excuses even if you have to put your stuff in storage, or rent a truck for a few extra days, and sleep in a hotel room.....then he would have a right to take you to court as a holdover and get even with you!
<HR></BLOCKQUOTE>

Thank-you Peter for the advice. I have started moving stuff into storage on the outside chance that the closing goes further than October. Thanks again

 
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peter

Guest
I would also do one more thing help him show the apartment....why? it will score brownie points when you have to sue him for your security back... anddddd get a copy of all advertisements to show a judge...that you helped the LL find new tenant.

and..ask for your legal fees reimbursed, when you sue him.......the LL is a jerk...

Remember he could have someone moving in on the 1st ..then what? you'd be in a heap of trouble!

==========================

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ganesh722:
Thank-you Peter for the advice. I have started moving stuff into storage on the outside chance that the closing goes further than October. Thanks again
<HR></BLOCKQUOTE>

 
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David J. Miller

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ganesh722:
Thank-you Peter for the advice. I have started moving stuff into storage on the outside chance that the closing goes further than October. Thanks again
<HR></BLOCKQUOTE>
Frankly, I agree with Boohoo. However, I cannot say that I would not attempt to find a way to have my cake and eat it to in the same situation. I would like to think that I would do the right thing but since I'm not faced with a similar circumstance nor have I been, I cannot judge.


 

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