Landlord is no help

[beaglelegal]

What is the name of your state? NY

Please help us.

We are renting a house and the landlord was asked to do all types of upgrades to the house . He told us all about what she was going to do when we signed our lease. THAT WAS THREE YEARS AGO!!!!

Still nothing done. We still have a good relationship with her but dont know whether to move when the lease is up or to break it as my husband has found a beutiful condo to move into. The problem is the condo wants someone to move in ASAP.

What do you think we should do?
If we break the lease are we still liable for the remainder of the lease?
My mother in law contacted the town to ask about our rights and the clerk said that there is no permit to rent the house.

 

[JETX]

What do you think we should do?

Depends. If you have a lot of money and don't care what it costs for your breach of lease, go ahead and move.
However, if you can't afford the costs for your breach, don't.

If we break the lease are we still liable for the remainder of the lease?

You will be liable for whatever damages the landlord incurs due to your breach. And yes, that includes 'lost rent' until the landlord finds a new 'replacement' tenant.

My mother in law contacted the town to ask about our rights and the clerk said that there is no permit to rent the house.

Barring some local ordinance to the contrary, you don't need a permit to rent.

 

[Hot Topic]

Sounds like you didn't get anything in writing about what the landlord was supposed to do in the way of "upgrades." If you didn't - and those upgrades aren't included in the lease - you're out of luck.

Check the lease about early termination. The landlord can require you to pay rent until she finds a new tenant. She can also charge you for the costs she incurs advertising it or any fees she pays to an agency to rent it. She has to make a good faith effort to find another tenant, but she doesn't have to rush to do so just so you won't have to pay rent on two places.

 

[BL]

My mother in law contacted the town to ask about our rights and the clerk said that there is no permit to rent the house.

You find out if there's a permit . Get some written confirmation .

If there's not , write your LL a letter stating , he/she has no legal binding lease ( contract ) , as the place is illegal to rent in the first place .

State you will be vacating on X _________ date , and you expect any security deposits returned .

You should at least give proper 30 days notice per month to month rental .

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

 

[JETX]

You find out if there's a permit . Get some written confirmation .

If there's not , write your LL a letter stating , he/she has no legal binding lease ( contract ) , as the place is illegal to rent in the first place .

In the majority of the communities out there, they do NOT require a permit for renting an apartment. You are confusing a 'certificate of occupancy' for a 'permit'. They are not the same thing.

A Certificate of Occupancy is a document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.

The procedure and requirements for the certificate vary widely from jurisdiction to jurisdiction and on the type of structure.

 

[BL]

HOW DO YOU APPLY FOR A CERTIFICATE OF OCCUPANCY?

An applicant for a Certificate of Occupancy must be the owner of the property or the owner’s representative. An applicant should have the following information:

The type of construction (e.g. frame, masonry, number of stories).
The use of all parts of the building by story and by type of residential and/or commercial units.
Other buildings on the property, such as garages or sheds.

Applications may be made in the Permit Office,

Once a building meets zoning approval, an inspection will be conducted to assess whether any current violations exist. If so, a Notice and Order will be issued which identifies the number and types of violations. When all violations are corrected, a Certificate of Occupancy is issued.

Apparently the clerk or the OP used the term , no permit to rent

That means there was no application , with no C of O .

_______

BTW , just so you know , you are on my ignore list .

I only happened to read a couple of your post calling me an IDIOT , because I was not logged in . I will not read them ever again , so you can talk to the man in the moon .

You've done this before . It's uncalled for .

I will not be led down that road again .

 

[Alaska landlord]

Certificate to rent may have been just a misnomer on the part of the clerk. Either way OP ought to check to see what the regulations are in his township or city to determine if the landlord was able to legally collect rent without a certificate of occupancy.

 

[beaglelegal]

In my town a house is supposed to have a rental permit?

Since the LL doesnt have one does that make my lease null and void or will I still be liable?