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Backing out of a lease

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btkx15

Junior Member
What is the name of your state (only U.S. law)?
New York City

I live in new york city. I recently signed a lease for Dec. 1 2009 thru Dec. 1 2011. Due to unforseen circumstance I need to back out of the lease. I gave the landlord half month fee 1month rent and 1month security. I also signed on a seperate piece of paper that if backed out at any time that he can keep 1month of rent.

My question is if that piece of paper I signed is legatimate. Can the landlord keep the 1 month rent/security and half month fee he charged?

There is still over 2 weeks before the lease begins. Am I liable? I already let the landlord know that I need to back out and basically will not sympathize and said he will not return the half month fee and 1 month rent/security.

Please help, thank!
 
Last edited:


Proserpina

Senior Member
What is the name of your state (only U.S. law)?
New York City

I live in new york city. I recently signed a lease for Dec. 1 2009 thru Dec. 1 2011. Due to unforseen circumstance I need to back out of the lease. I gave the landlord half month fee 1month rent and 1month security. I also signed on a seperate piece of paper that if backed out at any time that he can keep 1month of rent.

My question is if that piece of paper I signed is legatimate. Can the landlord keep the 1 month rent/security and half month fee he charged?

There is still over 2 weeks before the lease begins. Am I liable? I already let the landlord know that I need to back out and basically will not sympathize and said he will not return the half month fee and 1 month rent/security.

Please help, thank!
When did you sign? When did you give notice?
 

btkx15

Junior Member
I signed in in mid oct. I didn't give him official notice yet I just told him about the situation about needing to back out and asked him if he would return the money to me. I told him he could keep the half month fee just for the inconvenience but still wanted to keep everything.

On a side note, when I did sign the lease the LL wasn't at the signing his associate that helps him with the lease signing was there. She basically went through all the rules and regs with me, after I signed all the paperwork she would have the LL sign the lease on a later time/date. Does that still make the lease binding?
 

BL

Senior Member
What is the name of your state (only U.S. law)?
New York City

I live in new york city. I recently signed a lease for Dec. 1 2009 thru Dec. 1 2011. Due to unforseen circumstance I need to back out of the lease. I gave the landlord half month fee 1month rent and 1month security. I also signed on a seperate piece of paper that if backed out at any time that he can keep 1month of rent.

My question is if that piece of paper I signed is legatimate. Can the landlord keep the 1 month rent/security and half month fee he charged?

There is still over 2 weeks before the lease begins. Am I liable? I already let the landlord know that I need to back out and basically will not sympathize and said he will not return the half month fee and 1 month rent/security.

Please help, thank!
Who drew up the " paper " ?

Who signed it ?

Unless the LL agreed and signed it ,it's not binding .

What is 1/2 months rent for ?

Basically the LL can keep any monies for rent damages until the place is re-rented .The LL has to make a good faith effort to re-rent it ASAP .
 

btkx15

Junior Member
The papers were drew up by the LL's associate. I signed the papers in Oct. but I was never there when the LL signed the papers. the 1/2 month was a fee(broker's fee) but his associate is not a broker.
 

ecmst12

Senior Member
If you are very lucky, he'll only keep what you gave him instead of holding you responsible for the entire lease term (until he finds a new tenant).
 

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