I am moving out of my apartment I am in a lease, I am buying a house. I told my landlord he could keep my deposit but he says I have to pay Two Months rent plus my deposit which I said was ridiculus. Does anyone know if this is Legal in New York State
2007-08-30 11:09:03 · 7 answers · asked by guard 1 in Business & Finance ➔ Renting & Real Estate
A lease...is a contract....for a set period of time, say 1 yr. You want out at 9 mos, you owe 3 months rent......and he will get a judgement in court, unless you can work out, a way out
w/ him. Then get it in writing.......
2007-08-30 12:55:37 · answer #1 · answered by DennistheMenace 7 · 1⤊ 0⤋
When you sign a lease, you have to complete your part of it. You just don't say well, you keep the deposit, I'm moving. You agreed to pay rent for a certain length of time. If you had said I'm not staying for that period, the landlord probably wouldn't have rented to you because it is expensive to get an apartment ready to rerent. If your lease says, he has the right to accelerate your rent, then you owe it. In some states, landlords can only get what they lost. If he can rent it in one month and he is losing only one month's rent, he can only get one month from you. Here, there are reletting expenses plus the above to be paid if you break the lease. What does your lease say? It's always amazing to me that people will sign the lease and then wonder why the landlord is upset when they break it. And then have the nerve to be mad when the landlord expects you to do as you promised. You would have done much better to work with your landlord and some will be easier to get along with if you stay your first year and then start looking your second. If they understand you are trying to buy they will often put in some type of clause in the second contract that will allow you to move as long as you give adequate notice.
And, in Texas, deposits are security deposits. If you break the lease, you will forfeit the deposit and it is legal.
2007-08-30 18:55:55 · answer #2 · answered by towanda 7 · 2⤊ 0⤋
first how long is left on the contract? next does your lease have a break out clause? in general you are liable for the terms of the lease, if you breach the lease the landlord has a duty to mitigate their damage by trying to rent the unit, you can be held liable for the time it takes to rent it,
in general courts will usually give a landlord two months to try and re-rent, in this case if you can find some one to rent the place you would only be liable for the time between the renters,
if the lease has a two month break clause you will be bound by the two months,
Security deposits are govern by your state statute and can never just be forfeited, so you may have a say in regard to your SD
2007-08-30 18:36:43 · answer #3 · answered by goz1111 7 · 1⤊ 0⤋
you have have to pay however many months are left on the lease and possibly lose your sec deposit, unless he allows you to sublet it and that person could assume the balance of your lease
2007-08-30 19:17:48 · answer #4 · answered by Anonymous · 1⤊ 0⤋
He cannot keep the damage deposit. Make sure you have a report of the damage when you and he do a walk thru...
Now he has to be compensated for breaking the lease---and that is 2 months rent---very respectable... Pay him or end up in court and then you can counter suit for the damage deposit--that he cannot keep unless their is damage...on the walk thru...
2007-08-30 18:22:47 · answer #5 · answered by Gerald 6 · 0⤊ 4⤋
Read your lease, if that's what you agreed to when you signed then you have to pay that. hey if you have to wait to move into your new house
2007-08-30 18:32:16 · answer #6 · answered by Nicole 3 · 1⤊ 0⤋
I think you need to take a good look at your lease and see what it says. They are ususally binding accept in very few exceptions.
2007-08-30 18:14:15 · answer #7 · answered by Anonymous · 2⤊ 0⤋