Apartment question!

[tentacles]

I figure NYC is pretty diverse, there's got to be some lawyers/law savvy people on here, so I figured I'd give the question a shot in the nudibar.

I've lived in my apartment since last April. I was wary about having my lease end in April, because I didn't want to have to move until my semester was over, which is May, but the landlord told me that they would offer me a 2 month extension when the time came. In March, when I went to inquire about my extension, I was told that the realty company was no longer offering the aforementioned extensions because people were skipping out. At no point during my stay in the building did they tell anybody this (they often post notes around the buildings alerting tenants about new policies and such.) I wasn't ready to move yet, as I had planned on moving into a larger apartment in the building with a friend later in the summer, so I had to sign a lease renewal form (this wasn't an issue because I wanted to upgrade to a larger apartment in the building.)

However, my friend has since proven to be unreliable,:tired: so I will continue to live alone party:!) I thought I wouldn't mind staying in my apartment, but for the price, I think (actually, know) there's more out there. I asked my landlord how much I would be charged if I broke my lease, and he said I would owe the total amount of rent left of my lease ($14,000....yeah okay :knockedou) From what I understood, you got charged 1 months rent and didn't get your security back, but that's not the point I'm really driving at.

Today, I got a new lease renewal form in the mail, that says my lease is up July 31st. I asked the landlord what the deal with it was, and he really tried to get me to sign it (so that my lease would be extended until July of 2011 instead of April and they could keep charging me ridiculously high rent until then,) which I of coarse didn't. When I finally got my point across about having just signed a new renewal, he told me to call the company directly because he has no renewal form for my apartment on file in his office (which they were supposed to send him a copy of, as well as me. :irked

So, what I'm asking is, since they seem to have misplaced the papers and I have no documentation that says my lease goes until April 2011, is there any way I can hold the realty company to the new form I just received to move out July 31st and not be penalized? I would like the option of looking at other places in nicer neighborhoods. Frankly, I'm sick of the raucous loft parties and just want to study and nap and look at my fish (a bit of a wet blanket, I know :shhh::birthday::tub

 

[triggerhappy]

a couple of questions for you. is is this a rent stabilized Apartment? are you paying the rent at the new rate on the lease which expires in April 2011 or are you still paying the old lease amount? if you are paying rent at rate on the April 2011 lease than can re type the lease and have you sign it again. if not you can sign the new renewal offered which expires in July 2010 and you should have no problems (keep a copy of the offered lease for your records)

 

[lfsmarineguy]

You should always keep a photo copy of EVERY important document you sign. Sounds to me like they are planning on selling the building or something by july 2011 and want it as full as possible to ensure they make the most on the sale. Good luck these things can get messy.

 

[jrobbins]

I am a licensed broker, but I only do commercial so my info on residential is a few years out of date. Anyway, here is my take on it...

1. Unless you had the agreement for a two month extension in writing you are pretty screwed. However, if the landlord had a long history of granting these extensions as a matter of course, and then suddenly and without notice changed its policy you might have an argument. Even if this is the case you would be looking at a trip to LT court to sort that one out.

2. Your initial lease which presumably started in April 09 is the start date of the lease. Renewals of the lease will use the anniversary date of the lease unless you have a clause in there that states otherwise. If you want to stay longer anyway, why not just sign the renewal. The most recent lease agreement will be the one that is valid. If you want to be safe you can ask them to insert a clause that specifically states that this lease overrides any previous agreements that may exist between you and the landlord (which should be in there anyway)

3. Landlords have no obligation to mitigate damages, and can hold you to the full term of the lease. This wasn't really an issue for the last few years, since in an upmarket they could make more re-letting the place. However, times have changed and right now they have a contract with you which they are understandably reluctant to give up. However, they are not allowed to "unreasonably withhold consent" to a lease assignment. So if you really want out, you need to find a qualified tenant who will be willing to assume your lease. You will probably have to pay a new application/credit check fee for the new tenant.

ok, hope that helps.

 

[tentacles]

trigger: I am still paying my old rate.

robbins: I figured that since I didn't have it in writing, I'd be screwed. I'm not really looking to take them to court, I am just confused as to why I got another lease renewal form for a different date. The thing is, I don't want to continue living there if I don't have to, so I want to find some way to hold them to this new document that they have sent me. I have looked into finding a tenant to take over my lease, but no one is really willing to pay the amount that the rent it. The landlord also told me that after I move out, they will be increasing the rent by $200, so from a financial standpoint, I would think that they would be okay with me leaving:sigh:.


Also a side note, if I have to stay in the apartment until April 2011, it's not that big of a deal. It's just that the rent is a little high and I would like to get out of the neighborhood, but it's not as if the apartment is falling apart or I have horrible neighbors or anything. I was just hoping these documents I got in the mail yesterday were some kind of clerical error that I could take advantage of.

 

[jrobbins]

You should talk to a real estate lawyer if you are serious about trying to do this. The last thing you want to do is get sued by your landlord, it will make renting a new place very difficult.

 

[tentacles]

Noted. I do indeed think that is what I will be doing.