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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Lease Signed but Landlord Does Not Want Us to Move In

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

    I just have a question regarding the status of a lease and how it can be dissolved.

    My roomates and I had worked through a broker to find an apartment. We had met with the landlord and everything went smoothly with the lease being signed from our end and us giving them the checks for the 1st month rent and security deposit. On the day of move in day, we knocked on the landlord's door to get the keys for our new apartment. This is where we ran into problems... The wife of the landlord as soon as she opened the door for some reason didn't seem to like us and strongly expressed that she did not want us to move into the apartment upstairs. She was rather rude and started judging us and acted in a way that we made us rethink of whether we would even be able to live comfortably under the roof of an owner who does not want us there.

    After talking it out with the landlord, both parties agreed to revoke the lease and the landlord willingly gave our checks back.

    Couple questions,
    - can the landlord and tenant mutually agree to dissolve the lease? (the broker seems to be working hard to complete the deal, even though both parties agreed to dissolve it)
    - we found out that the landlord hadn't signed the lease on his end... does this mean that the lease is therefore not complete and we're not yet legally obliged for the apartment?
    - If the lease wasn't completed and we weren't able to move in, do we still have the grounds to get our broker fee back?

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Lease Signed but Landlord Does Not Want Us to Move In

    - can the landlord and tenant mutually agree to dissolve the lease?
    Yup. If you've mutually agreed that the lease is not happening, then it's not happening.

    (the broker seems to be working hard to complete the deal, even though both parties agreed to dissolve it)
    Of course he is. That's how he makes his living, after all. But he can't force you and the landlord to have a leasing arrangement.

    - we found out that the landlord hadn't signed the lease on his end... does this mean that the lease is therefore not complete and we're not yet legally obliged for the apartment?
    No. You're obliged once you sign. But since you've mutually agreed to terminate the contract, that's rather moot.

    - If the lease wasn't completed and we weren't able to move in, do we still have the grounds to get our broker fee back?
    That depends on the wording of the contract you have with the broker.

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