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  1. #1

    Default Problems with Subletting. Property Manager May Be Breaking the Terms of My Lease

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

    My lease agreement officially ends on August 15th, 2012. I will be moving out mid-June and have found a subletter to take my spot until mid-August. The problem is that the property manager sent me an email a little while ago telling me that my lease agreement is now ending July 31st as opposed to August 15th (she signed leases with new tenants to move in on August 1st). The subletter I found needs somewhere to stay until mid-August and he will not agree to move in unless he can stay this long. So the way I see it, the property manager is breaking the terms of my lease agreement and I should not have to pay rent for July or August since they are not allowing my subletter to stay till the end of my lease term. When I asked the property manager how she wants to resolve the situation, she responded with an email saying, "I will let put of July rent". I replied asking if she is saying that my lease agreement is now officially ending at the end of June but she has not responded. I am just looking for a clear statement in writing saying she is agreeing to end my lease agreement in June in case they decide to pull some BS on me and take me to court for not paying the July/August rent.

    Prior to finding this subletter, I emailed the landlord and offered to do some work around here in exchange for him letting me end the lease at the end of June. He has not responded. What I am trying to show here is that I am not simply walking away from my lease agreement and have made attempts to end it early on fair grounds.

    I will talk to my subletter tomorrow and I guess I will tell him that he cannot stay until mid-August. If the property manager does not respond and state clearly that she is agreeing to end my lease agreement in June, then can I just assume that is so based on the "I will let put of July rent" statement that she gave me? I am also hesitant to pay them for my June rent and I just want to tell them to use my security deposit as rent money. I feel they may try to screw me and will not return my security deposit. Is this ok for me to do?

    Thank you all in advance.

  2. #2
    Join Date
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    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    Your landlord cannot unilaterally alter your lease. Since she signed with some new tenants that they are supposed to have occupancy on Aug 1, it seems she really has a problem. If you did not have a sublettor involved, I would simply suggest you ask for some compensation to give up that couple of weeks and be done with it. If you can rescind any agreement with your sublettor without incurring a loss, that is what I would do. If you are bound to the agreement with the sublettor, that is going to control what you can do here.

  3. #3
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    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    This is New York City? As I recall, in NYC you have the right to sublease your apartment, but I believe that in other parts of the state (absent an ordinance to the contrary) you need authorization in your lease or from your landlord.

    If your lease ends on August 15, then that's when it ends. If you have arranged a legally or contractually proper subtenancy through the end of your lease term, and your landlord now wants to make that impossible due to her wanting to rent the premises to another tenant before the end of the lease term, assuming your subtenant will simply walk away without trying to hold you liable you might propose to the landlord that she simply release you from the lease as of your mid-June move-out date.

    Try to get everything in writing.

  4. #4

    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    Thank you guys so much!

    No this is in Syracuse, NY. Yes I am trying to get everything in writing. So far we have been communicating through email which I assume is admissable in court.

    I emailed her back and asked for a clear statement, before I tell my subletter that the room is no longer available, saying my lease term is ending at the end of June. She responded saying that the landlord is willing to negotiate and end the lease term on July 15. That is BS to me; I don't think I have to pay for any days on July if they won't allow me to sublet the place until August 15th. I already paid my first and last months rent when I moved in so I guess I already paid for June rent. They owe me a $535 security deposit when I move out at the end of this month but I feel they will not give it to me. Do I have to take them to small claims court and what are my chances of winning if I have all of this documented through email?

    Quote Quoting jk
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    Your landlord cannot unilaterally alter your lease. Since she signed with some new tenants that they are supposed to have occupancy on Aug 1, it seems she really has a problem. If you did not have a sublettor involved, I would simply suggest you ask for some compensation to give up that couple of weeks and be done with it. If you can rescind any agreement with your sublettor without incurring a loss, that is what I would do. If you are bound to the agreement with the sublettor, that is going to control what you can do here.
    What if I am not bound to any agreement with the sublettor? He will not sign the agreement unless he knows for sure he can stay until August 15th.

  5. #5
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    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    Quote Quoting 8thgear
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    Thank you guys so much!

    Yes I am trying to get everything in writing. So far we have been communicating through email. Are email messages admissable in court?

    I emailed her back and asked for a clear statement, before I tell my subletter that the room is no longer available, saying my lease term is ending at the end of June. She responded saying that the landlord is willing to negotiate and end the lease term on July 15. That is BS to me. I already paid my first and last months rent when I moved in so I guess I already paid for June rent. They owe me a $535 security deposit when I move out at the end of this month but I feel they will not give it to me. Do I have to take them to small claims court and what are my chances of winning if I have all of this documented through email?
    actually you have paid rent for either Jul 15 to Aug 15 (if rent is not due by the calender month) or you paid for Aug which should have been a pro-rated amount.

    You cannot unilaterally use your deposit as rent. It is there for a reason. If they fail to refund what you are due, you do have recourse in the courts.

    Quote Quoting 8thgear
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    What if I am not bound to any agreement with the sublettor? He will not sign the agreement unless he knows for sure he can stay until August 15th.
    if this was me in your situation, I would tell the sub that it won't work out. Then you can negotiate an early termination with the LL. As stated, your lease actually ends Aug 15 and not a day prior. If the LL wants the unit before that time, I would negotiate some additional payment to me for relinquishing the unit early.

    I doubt it would be worth the hassle of allowing the sublettor occupay the unit. Consider this: if he refuses to move out Aug 15, you are liable. Since you can negotiate an early term, is it worth the risk?

  6. #6

    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    JK- If they will not agree to end the lease on June 30th then I will have to pay rent on two properties. I can avoid paying rent on two properties if my subletter was allowed to stay until August 15th, but they are telling me that that will be a problem. On that basis, I don't see why I should agree to end the lease term any later than June 30th. In other words, I don't see why I should have to "negotiate" anything with the LL. Either they let me subletter stay until August 15th or agree to end my lease on June 30th. Am I wrong in thinking this way?

  7. #7

    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    Ok now the landlord is telling me that he will not allow a sublease until August 15th. I have a previous email from him stating that he has no problem with me subletting and he is suddenly changing his story. Is he allowed to put such restrictions on tentative dates when I can and cannot sublet?

  8. #8
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    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    He won't allow a sublease through August 15 because of: ____ ?

  9. #9

    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    This is his exact email as to why he wont allow a sublease until August 15:

    "Sure- I don't want a sublease. I don't know them. I have no interest in summer rentals. If they do any damage I cannot fix it quickly enough and, more important, no interest in trying to sue them for damages- one month summer subleases have always been a problem.

    I'll forgo half your rent because you want to move out early- I think that's very reasonable."

    I should add that he is allowing a sublease, but only until July 31st and not until the end of my lease term. He is telling me that I myself can stay until August 15th...it's just my subletter who cannot.

  10. #10

    Default Re: Landlord Wants Me to Leave 15 Days Early. Are They Breaking Lease Agreement

    If I don't give him a rent payment for the month of June, can he legally evict me? I fear that whatever money I give him now will not be returned to me.

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