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  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default Early Termination of Lease Due to Relocation Out City

    My question involves landlord-tenant law in the State of: New York
    My girlfriend and I are co-signers on a lease in Rochester which expires end of 2009.
    I was laid off 2 months ago and have just received an offer for a position in Syracuse 85 miles away. My girlfriend has been offered a 12 month contract job in Florida. Both jobs would begin by end of March.
    The only negative about the apartment is an extremly loud, painfully high-pitched whine from the refrigerator, which we have complained about 5 times (of course, we didn't document) since moving in. The noise is particularly noticeable as our apt. has an "open" floor plan with a single kitchen and living area. The complex mgr has said a repair order has been placed, but that was a month ago.
    Obviously, we would like to end this lease. The problem with the 'fridge I'm sure is not going to do it. Is it possible that employment/job relocation would be grounds for early termination?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Early Termination of Lease Due to Relocation Out City

    you have no grounds for a early termination of the lease. The you are moving thing provides nothing at all and the whining refrigerator is not enough to even come close to a justification.

  3. #3
    Join Date
    Dec 2008
    Posts
    8

    Default Re: Early Termination of Lease Due to Relocation Out City

    Quote Quoting jk
    View Post
    you have no grounds for a early termination of the lease. The you are moving thing provides nothing at all and the whining refrigerator is not enough to even come close to a justification.
    hmm, i'm not specifically sure about using relocation as a means to terminate a lease, so i'm inclined to agree with jk.

    however, as for the refrigerator, that could be your exit-strategy. according to the new york state attorney general:

    LANDLORDS' DUTY OF REPAIR

    Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)
    source

    it's unfortunate you didn't keep records of your complaints, but i think you can still go to the housing board and ask them to come in and make an inspection. they should also be able to tell you whether or not you are justified in your reasons to break the lease based on lack of maintenance.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Early Termination of Lease Due to Relocation Out City

    it makes noise. it still keeps the food cold. Not a contract killer.

    it says good and safe working order. If it keeps the food cold, it is in good working order. The statute doesn;t say antyhing about perfect or quiet.

  5. #5
    Join Date
    Dec 2008
    Posts
    8

    Default Re: Early Termination of Lease Due to Relocation Out City

    perhaps, but it still wouldn't hurt to have someone come out and inspect it to make that decision. The part that states "landlords are required to maintain" could be enough.

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