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  1. #1

    Default Landlord Rented Apartment to Somebody Else Before a New Tenant Finished Moving In

    My question involves landlord-tenant law in the State of: Suffolk County, LI, New York

    My friend rented an apartment. Gave $1500 for security and $1200 for first months rent which was Oct 15 to Nov 15th. It was $1200 because landlord agreed to tenant painting.
    She signed a lease and got the keys. She was moving in on Nov 15th and of course would have paid her the months' rent of $1500. however she went there today for something and she saw something hanging on the door. she looked in the window and
    .... someone else's furniture was there! She tried the key in the door and the locks were changed.

    She asked the landlord about this and she told my friend "I have pictures of the empty apartment". LIke WTF? lol. who cares! she paid rent and has a lease and keys! lol.

    I told her to send her a certified return receipt letter including all proof of correspondence and request her money back or she'll sue her for it.

    Now that I'm thinking... she wasn't TECHNICALLY evicted because she hadn't moved in yet, however... she does have $2700 of my friend's money. Isn't this breach of contract? or is it in fact illegal eviction? It took her months to find this place because she has a large breed dog. Her lease is up Dec. 31st in her current place and she prob isn't going to find a new place in that short of time. Her current landlords were letting her out of the lease because the place is pretty much a ghetto. It'd be very hard to find another place in less than 60 days.

    This landlord makes prob. $100,000/year.. (this is probably why LOL.. just kidding).. She holds a very prominent position on Long Island. I wonder how many others she's done this to?

    Thanks for any help.

  2. #2
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    Default Re: Landlord Rented Apartment to Somebody Else Before a New Tenant Finished Moving In

    She had a signed lease and a move-in date, so that's a contract. Whether there is something within the lease that would allow the landlord to back out is not something I can answer -- but if the landlord is claiming that the lease was not valid he should be refunding the money.

    If she suffers damages as a result of the landlord's breach of contract, she can consider suing to recover compensation in addition to the funds he already appears to owe to her. If she's interested in pursuing this line of inquiry, she should register an account and post herself, because working through an intermediary is likely to result in some level of confusion and, in some cases, may result in the provision of information that turns out to be misleading or irrelevant based upon the full facts.

  3. #3
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    Default Re: Landlord Rented Apartment to Somebody Else Before a New Tenant Finished Moving In

    The LL's income, job, standing and what not, is completely irrelevant. The "LOL...just kidding" is super passive-aggressive.

    Without actually reading the actual verbiage of the lease it's pretty difficult to say what's what. Lacking any real specifics, Mr. Knowitall has the right idea.
    "Where do those stairs go?"
    "They go up!"

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