breaking lease- break fee

[smr75]

I want to break my lease early, and in the lease, there is nothing about breaking a lease, therefore by law i am required to pay the full 12 months rent unless it is rerented, BUT, when i signed the lease, i had the landlord write in a clause (and sign and date) that says "if tenant desides to terminate lease, tenant will pay to landlord a lease break fee in the amount of $350.00."

in this written clause, it does not mention having to re-rent the apartment in addition to break -lease fee. am i still liable for rent?

 

[dj1]

YES you are......

BUT the landlord has to try and rerent asap, so he doesnt lose even ONE DAYS rent.

YOU wil pay for the advertising and damages to the apartment, it will be taken out of you security deposit.

Remember YOU SIGNED THE CONTRACT....

Next time if you dont like the terms and the LL wont change them...WALK OUT AND FIND ANOTHER PLACE TO LIVE!

 

[smr75]

thanks for the reply, but my actual question pertains to what this statement means.


"if tenant desides to terminate lease, tenant will pay to landlord a lease break fee in the amount of $350.00."

from what I READ, it says IF i terminate (END, BREAK) lease, the only thing i am responsible for is a lease break fee of $350.00, NOTHING more...

am i misreading this?

 

[dj1]

YES....it is in addition to anything else you will owe.

 

[smr75]

sorry to keep replying, in addition to everything else i owe? NOWHERE else in the lease does it mention breaking the lease, so even if re-renting IS their policy, it is not in writing and signed, what IS in writing and signed is

"if tenant desides to terminate lease, tenant will pay to landlord a lease break fee in the amount of $350.00."

so what do i owe, after paying the $350 fee like the lease says?

 

[dj1]

You will owe for every day the place is NOT rented......

You will owe the landlords expenses in re renting.Advertising, clean up, repairs etc.

You will owe any difference beteween what you are paying and the new rent if its LOWER......no kidding if you pay $800 a month and all the landlord can rerent it for... is $750...YOU will owe the landlord the $50 a month for the remainder of the lease!

See man breaking a lease is NOT FUN...OR CHEAP!

 

[smr75]

I also read that IF the landlord increases the rent when re-renting the aptmt, I might be able to get out of the lease. I was paying $1500 a month, started my lease in November 2000. My landlord is now trying to re-rent the apartment at $1550. Although this is only a $50 a month increase, would that work to my benefit?

 

[dj1]

The basic legal premis is:

YOU signed a contract YOU are obligated to pay rent for ONE FULL YEAR.

Unless the landlord agress to release you from it.

The landlord has to mitigate damages, by re renting asap, BUT here in NY CITY and probably elsewhere he has to re rent at the same rental as you are paying, there is case law to prevent a scumbag landlord for say advertising the apartment at say $1800 then when no one will rent it, will sue you for the months remaing on the lease...that is ILLEGAL, since he would have had NO trouble re renting at the $1500 rent.

You are obligated to pay rent until a new tenant signs a lease and starts paying rent.

But since its only $50 a month and if the market is tight it should rent in a few days right?

 

[anylaurie]

Hey Dj1
I'm in a similiar situation- and you helped me out on an earlier thread I'd created. In February, I broke a lease on an apt in NYC with a rent of $1895.00. The management co is now asking $2150.00. for it, and after nearly a month on the market, no one has rented it. Have I correctly inferred from your post on this thread that they have to rent out the apartment at $1895.00?

As an experiment, I have taken out several ads, one for my rent and one for theirs. I got at least 15 inquiries on $1895, and none for $2150. (As the $1895.00 would be an illegal sublet, I wasn't too pushy about talking anyone into it).

Is there a law I can site in a letter to the LL? March will be my second month of paying two rents!

Thanks for your help!

Laurie