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  1. #1

    Default Can a Tenant Be Responsible for Rent and Re-Leasing Expenses After Breaching a Lease

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

    Hi, we are faced with walking away from our dream apartment because the lease includes some very strange clauses. The one I am most concerned about reads:

    "Tenants Defaults and Landlord Remedies

    ...

    B. If tenant fails to correct the defaults in section A within the 5 days, Landlord may cancel the Lease by giving Tenant a written 3 day notice stating the date the Term will end. On that date the Term and Tenant's rights in this Lease automatically end and Tenant must leave the Apartment and give Landlord the keys. Tenant continues to be responsible for rent, expenses, damages and losses.

    ...

    D. If the Lease is ended of Landlord takes back the apartment, rent and added rent for the unexpired Term becomes due and payable. ... Tenant shall be responsible for Landlord's cost of re-renting. Landlord's costs shall include the cost of repairs, decorations, broker's fees, attorney's fees, advertising and preparation for renting. Tenant shall continue to be responsible for rent, expenses, damages, and losses. ... "


    This is very concerning to me, especially since the grounds for eviction are as vague as "improper conduct" or not following posted house "rules." We have asked them to make a few changes and they refused. I think if the lease contradicts the city and state laws, the standing law will trump the lease, but I cannot find anything that says the tenant is no longer financially responsible if the Landlord terminates their end of the agreement. Is there any law on the books in NYC or NY State that addresses whether the tenant is indeed responsible for the remaining lease amount if the landlord terminates the lease?

    Thank you very much in advance.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Does This Clause About Tenants' Responsibility Contradict State or City Law

    Honestly, if you are not comfortable with a lease then you shouldn't sign the lease, and should look elsewhere.

  3. #3
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Does This Clause About Tenants' Responsibility Contradict State or City Law

    I would never sign that agreement.

    although parts look legally unenforceable to me, I would not sign a contract which had parts that were so bad I believed them to be illegal, because forcing the issue in court will still cost a lot of money and it's possible to lose, especially since the courts have been anti-consumer for quite a while now.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Tenant Be Responsible for Rent and Re-Leasing Expenses After Breaching a Le

    Agree.

    Walk away and find something else.

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