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Breaking an apartment lease

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What is the name of your state? New York

This is kind of a long story so please stick with me.

In March, my friend and I decided to get an apartment. We qualified for a rent stabilized, low income housing apartment in Manhattan and signed the lease for it. I'm the primary person on the lease and she's secondary (listed as my cousin but that's not true). Unfortunately, since we both had to hand in tax information, W2 forms, job letters and all that, we are both equal on the lease. At the same time, her boyfriend needed to move, so he moved in and we split the rent in three. He's not on the lease though, primarily because he's an illegal immigrant.

About two weeks ago, he made a threat to me (not directly though, he told her and she told me). Basically, he told her he had intentions of physically harming me with a weapon. She got scared and came and told me about it. So I got scared and had a lock put on my bedroom door that very day she told me (I still have the recipt for it). That very night I asked him to leave the apartment (he's not on the lease) and gave him four days to leave but after the four days he was still there. I went to the police but since he can be considered her guest, it's not in their jurisdiction to do anything, even if he's an illegal alien. And the threat doesn't count since he never made it directly to me. But I still have text messages on my phone confirming that she told me about it and that I asked him to leave.

I went to the building managers and told them the story but didn't really mention that he lived there or that he's an illegal alien (cuz I'm a sucker and would feel bad if he got deported). Ultimately, they told me I'm binded to the apartment unless both me and my roommate want to leave.

I tell her that the best option for all of us, since she didn't want him to leave, would be for us to all leave the apartment and she agreed to that. On Monday, she told me that she wanted to leave the apartment by Oct 31 (in 2 months) and that we should draw up an agreement and sign it just to make it legal. She had most of her stuff already packed up and in the living room.

On Wednesday, I reconfirm the idea with her and she gives me the go-ahead to draw up the letter, which I do. That night I leave it with her, to look it over so we can discuss and sign it. Today, 2 days later (Friday), she tells me that she isn't going to leave anymore (she hadn't had a job since June and the boyfriend has been paying for everything). She says that it's too expensive to look for a new apartment, with deposits, broker's fees and first-months-rent due.

I, on the other hand, have found an apartment that I want to move to already (the lease has been prepared and I'm ready to sign off on it) but I am legally binded to this apartment. I'm wondering what recourse I have since:

1. Her boyfriend lives with us which is against the stipulations of the lease. We're supposed to be the only people living in the apartment and if anyone moves in they need to be registered with the management company.

2. Her boyfriend is an illegal immigrant

3. I'm worried about my safety in the apartment, I still have the receipt for the lock on my bedroom door and the text messages from her proving what she told me.

4. She went back on her verbal agreement that we would end the lease at the end of October.

5. Even though, the lease says we're related. We aren't.

One last thing, he bought a stereo and plays the music so loudly that we've received complaints about it (too many of which would be grounds for eviction).

Any help/advice would be GREATLY appreciated.
 
Last edited:


JETX

Senior Member
Pretty simple.... move out. If you are really concerned about your safety.... that supercedes the costs you are going to incur due to your breach of the lease.
 
I wish it were that simple but I can be sued by both my roommate and the landlord and the debt from that is overwhelming.

SOme more questions: Given that it's low income housing and I now make way more money than is allowed for the apartment, can I end the lease?

Is there anyway to renew the lease or have her removed from it given the safety issues, her moving in the boyfriend and that I am the primary renter on the lease and she's just listed as my cousin?
 

johnd

Member
Is it a HUD/HAP contract? If so, I believe you have an absolute duty to inform your agent of your increased income. Since those contracts are generally for one year, I doubt if they would allow you out...because there is a separate contract with the LL, and it would be unfair to him were you to just "get out of the lease" prematurely. Would it not?
 

johnd

Member
she's just listed as my cousin?
I don't undertsand that statement. I've never seen a lease that asks one to list familial realtionships...unless they reside at the premises too. In which she is not just a cousin, she is a tenant with the same rights as you.

If there are material breaches, and "illegal" tenants and safety issues are material, I would absolutely look to remove yourself.
 
I don't undertsand that statement. I've never seen a lease that asks one to list familial realtionships...unless they reside at the premises too. In which she is not just a cousin, she is a tenant with the same rights as you.

If there are material breaches, and "illegal" tenants and safety issues are material, I would absolutely look to remove yourself.
Yeah we're both on the lease. Lower down it list Relation To Renter and next to my name says "Self" and next to hers says "Cousin".

You said I should absolutely look to remove myself, is there any way to do it without just vacating the apartment (where I risk being sued by both parties and debt).
 

johnd

Member
Well, one can never prevent a lawsuit. But it can be quashed/dismissed quite easily if you can substantiate your claims. Start gathering proof, show it to your cousin, her friend and the LL and say your moving out becasue of the threats/safety concerns/right to quiet enjoyment infringement...whatever.

Again, if half of what you say is true, why would you continue to submit yourself to that environment? To protect your interests, gather proof of what you claim.
 
Well, one can never prevent a lawsuit. But it can be quashed/dismissed quite easily if you can substantiate your claims. Start gathering proof, show it to your cousin, her friend and the LL and say your moving out becasue of the threats/safety concerns/right to quiet enjoyment infringement...whatever.

Again, if half of what you say is true, why would you continue to submit yourself to that environment? To protect your interests, gather proof of what you claim.

Thanks for the help! I just felt at such a loss because I kept hearing there's nothing you can do because the lease is binding and the threats/safety concerns aren't really the concerns of the LL, it's between the roommates.
 

Hot Topic

Senior Member
{Quote} I'm the primary person on the lease and she's secondary (listed as my cousin but that's not true) {Unquote}


The tenancy started with an inexplicable lie to the landlord about the friend being your cousin. The boyfriend isn't on the lease because he's an illegal alien. You helped him and your friend hoodwink the landlord because you "didn't really mention" to the landlord that the boyfriend wasn't a tenant. The friend claims the boyfriend threatened you, so all of a sudden the boyfriend is a dirty dog for being an illegal alien, etc., etc. Has it occurred that she could be maneuvering to make it a woosome twosome?

The landlord should evict the three of you.
 
{Quote} I'm the primary person on the lease and she's secondary (listed as my cousin but that's not true) {Unquote}


The tenancy started with an inexplicable lie to the landlord about the friend being your cousin. The boyfriend isn't on the lease because he's an illegal alien. You helped him and your friend hoodwink the landlord because you "didn't really mention" to the landlord that the boyfriend wasn't a tenant. The friend claims the boyfriend threatened you, so all of a sudden the boyfriend is a dirty dog for being an illegal alien, etc., etc. Has it occurred that she could be maneuvering to make it a woosome twosome?

The landlord should evict the three of you.
Yeah, the thought has crossed my mind that that's what she was doing. But we had a discussion/arguments about it when I asked him to leave and it was clear that it was true. Not to mention there's a backstory about him threatening her in the past (which I didn't know about until recently) and her having to go into protective custody.

I'm not saying I'm a saint in all of this or calling anyone "a dirty dog for being an alien" (I'm an immigrant from the same place). I just don't feel safe in my house and looking for a way out to move. They can keep the place, I'm fine with that. She just won't let me off the lease.

I wouldn't mind being evicted at all, it's relinquish all responsibilities that I have to the place.
 

JETX

Senior Member
I wish it were that simple but I can be sued by both my roommate and the landlord and the debt from that is overwhelming.
So, which is more important... your safety or your obligation to pay??

SOme more questions: Given that it's low income housing and I now make way more money than is allowed for the apartment, can I end the lease?
No. First, if your income has changed from when you first obtained assistance with OUR tax dollars, your failure to report that fact could make you liable for CRIMINAL charges. Second, the only thing that your higher income will do is make you pay the REAL costs of your lease (so that WE taxpayers don't).

Is there anyway to renew the lease or have her removed from it given the safety issues, her moving in the boyfriend and that I am the primary renter on the lease and she's just listed as my cousin?
Yes. All you have to do is get written permission from ALL parties who signed the lease.
 

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