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Legalities of getting out of a lease

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moegirl1

Junior Member
bought a house, need to break lease

What is the name of your state? New York

Tahnk you Txlandlady and Longneck for answering my previous question so quickly.
One more question.

Say I cannot get out of my lease legally, what are the legal ramifications, if any, of "suggesting" to my new landlord that I will not be a "very good tenant anymore" if he will not let me out of my lease? My security deposit that I paid 3 years ago was $725. If "wear and tear" on hard wood floors, paint, walls, fridge, stove, etc., cost $1000 to repair, is there any way the landlord can charge me the extra $275?
Thanks again,
Maureen
 
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Who's Liable?

Senior Member
Your LL can to take you to court for:

1.)Any and all damages that occur to the rental unit if they are considered more then reasonable "wear and tear",
2.) the full cost for advertising the vacant unit if you leave before the lease ends.
3.) any "lease breaking" fee as outlined in the lease, if you leave.
4.) All applicable court costs that the LL sustained taking you to court, attorney's fees etc., if you leave.
5.) Any late fees as outline in the lease, if you pay rent late.
 
moegirl1 said:
what are the legal ramifications, if any, of "suggesting" to my new landlord that I will not be a "very good tenant anymore" if he will not let me out of my lease?
I'm sure JETX will just come along and slam me for whatever, but:

There are legal ramifications for breaking your lease. Not paying rent is breaking your lease. I don't know of any legal ramifications for "suggesting" something. But I only see this headed in a bad direction.

Here's what I would do:
-Realize that YOU are breaking the lease that YOU previously agreed to, and be willing to help the situation, not hurt it.
-Based on when you plan to move out, give as much notice to the current landlord as possible. It will be passed on to the new landlord.
-Let the landlord WHY you are moving (buying a house is generally looked upon favorably - makes you seem responsible).
-Let the landlord know that you will do anything in your power to help them re-rent the unit, make it available for showings, etc (this will all be a pain if you're packing to move, but you can't have your cake and eat it, too!)
-Let the landlord know that you will leave the unit in pristine condition, and DO SO! You might throw in there that you're willing to forfeit your security deposit.

Just try to work this all out with them. Let the current LL know that you realize this puts him in a tough spot (it does, by the way) and be helpful. Don't go looking for some angle or become a "not very good tenant". That just makes you seem creepy and will only add to the list of things they'll try to nail you for. And would probably win in court, by the way.

I just wanted to add that if you can get your landlord (current or future) to agree to anything get it in writing. Right then and there - even if you have to get out a piece of notebook paper, jot down the agreed upon terms, and have everyone sign it.
 
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