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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Question Landlord Allowed Us to Cancel Lease, Made Us Turn in Keys for New Tenant

    My question involves landlord-tenant law in the State of: New York

    My girlfriend and her room mate decided they would like to move out of there apartment.

    They had signed a lease a few months ago for a year. The "early termination of lease and expiraton of lease" in the lease reads as follows:

    "(A). It is agreed that Tenant shall notify Landlord in writing Two months before the expiration of the term of the Lease if Tenant is vacation the premises upon expiration of the term of the lease. Seventy Days (75) prior to lease expiration Tenant will receive a renewal document with options. This form must be returned two calendar months before the lease expires. Landlord does nto accept any notice less than Two Calendar Months. Landlord does not accommodate a Month to Month option. The shortest Lease option offered by ----------, is a rolling two (2) calender month Lease.

    If Tenant shall holdover after the agreed termination date, such a holdover shall be considered a renewal of the Lease hereof, subject to all the terms of and conditions set forth in the Lease, except that the Landlord at any time, should so elect, cancel and terminate such renewed Lease upon one months written notice to Tenant. OR if and arrangement can worked between the holdover tenant and new tenant which is also amendable to the Landlord, the holdover tenant will not be held responsible for one months rent.

    (B) If Tenant vacates the Premises at the expiration of the term without providing Landlord the notice required in subparagraph (A) above, Tenant shall pay to the Landlord one months rent and Landlord shall be entitles to retain the Security Deposit. "

    The Landlord verbally (and via text messages) that they could move out if another tenant was found. (By them, or the landlord). My girlfriend and her room mate also gave the landlord 2 months notice that they would like to move out if a tenant could be found to replace them.

    The landlord found a tenant that verbally agreed to take the apartment. The landlord then contacted my girlfriend and room mate stating that they needed to move within 2 days, deep clean the apartment, transfer the utilities, and turn in the keys. (The landlord required all keys including those to the building master door to be left on the kitchen counter). He also indicated after the walk through, that the process for the security deposit refund would be initiated, and that they would have their check in two to three weeks.

    They moved out, the apartment was cleaned, utilities were transferred, and the keys were left.

    2 days went by, and the landlord has stated that the "new tenant" could not take the apartment as his parents would not allow him to live off college campus.

    Where does my girlfriend and her roommate stand? Did the landlord terminate the lease by forcing them to leave and turning in the keys? Did the landlord terminate the lease by only giving them 2 days to vacate? Will they be required to pay the next months rent? What will likely happen with the security deposit?

    As of now the landlord has only sent two text messages to their phones stating that "he" will be showing the apartment. They have not responded to the messages. Any input would be much appreciated.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Landlord Allowed Us to Cancel Lease, Made Us Turn in Keys for New Tenant

    sounds like your GF is off the hook...

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Landlord Allowed Us to Cancel Lease, Made Us Turn in Keys for New Tenant

    Quote Quoting chris607
    View Post
    OR if and arrangement can worked between the holdover tenant and new tenant which is also amendable to the Landlord, the holdover tenant will not be held responsible for one months rent.
    "I found a replacement tenant, if you can be out in two days. Turn in your keys by that time, and I'll refund the security deposit to you within the next two to three weeks" - to me that sounds like an arrangement of the type contemplated by the above language.

    (B) If Tenant vacates the Premises at the expiration of the term without providing Landlord the notice required in subparagraph (A) above, Tenant shall pay to the Landlord one months rent and Landlord shall be entitles to retain the Security Deposit. "

    Except....
    Quote Quoting chris607
    As of now the landlord has only sent two text messages to their phones stating that "he" will be showing the apartment. They have not responded to the messages. Any input would be much appreciated.
    How is it that the landlord is unaware that they accepted his deal, moved out, and surrendered their keys? You're leaving something out.

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