jib@prism.UUCP (08/14/85)
You are AT MOST liable for the rent until the end of the lease period.
It is NOT a courtesy for your landlord to forgive the amount that he
obtains from a later tennant. The landlord MUST give you credit for this
amount and furthermore has a duty to mitigate the damages by attempting
(by reasonable means) to release the apartment. (He may, however, charge
you for running ads, or an real estate agent's fee).
Essentially the landlord is entitled to the amount of money you agreed to
pay him -- he is not entitled to profit from your breaking the lease, but
nor should he lose money because of it.
Jim Block {cca, ihnp4!inmet, mit-eddie, wjh12, datacube} !mirror!prism!jib
Mirror Systems, Inc. 2067 Massachusetts Ave.
(617) 661-0777 Cambridge, MA 02140jib@prism.UUCP (08/15/85)
It is NOT true that you must leave before your lease is up if the
landlord sells the building. If you have a written lease, the new owner
buys subject to its terms -- that is, he must honor it until it expires
(unless you violate the lease).
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Jim Block {cca, ihnp4!inmet, mit-eddie, wjh12, datacube} !mirror!prism!jib
Mirror Systems, Inc. 2067 Massachusetts Ave.
(617) 661-0777 Cambridge, MA 02140ark@alice.UUCP (Andrew Koenig) (08/18/85)
> You are AT MOST liable for the rent until the end of the lease period. > It is NOT a courtesy for your landlord to forgive the amount that he > obtains from a later tennant. The landlord MUST give you credit for this > amount and furthermore has a duty to mitigate the damages by attempting > (by reasonable means) to release the apartment. (He may, however, charge > you for running ads, or an real estate agent's fee). > Essentially the landlord is entitled to the amount of money you agreed to > pay him -- he is not entitled to profit from your breaking the lease, but > nor should he lose money because of it. Surely this varies by state! For example, one lease I signed (rather reluctantly) in NJ said that if I move out before the end of the lease, I had to continue to pay rent anyway. Furthermore, the landlord could re-rent the apartment and continue to collect rent both from me and from the new tenant until the end of my lease. In fact, the landlord did not even have to wait until I had given notice that I had moved; if the apartment "apppeared to be unnocupied" for four days, the landlord would be able to re-rent it and collect double. On the other hand, the law in New York City says that you may break a lease without penalty if the landlord refuses to let you sublet. Thus, all you have to do is go to the landlord and say "I have found another tenant. I'm moving out and I'm going to sublet my apartment for the remainder of my lease."
wjh@bonnie.UUCP (Bill Hery) (08/20/85)
> > Too bad, but the renter is at a disadvantage from the word > > go. > > As a former renter and now a (reluctant) landlord, I'd like to > correct this statement. > > "The honest renter or honest landlord is at a disadvantage from > the word go." > > Unfortunately for the landlord, he has very little power to select his > tenants because the "equal housing opportunity" laws are so broad. If > someone shows up, offers to rent the property, and provides the required > deposits, the landlord doesn't have much basis on which he can refuse to > rent them the property. > Can't the landlord insist on (and check) references--previous landlord, employer, etc.? Bill Hery
bwm@ccice1.UUCP (Bradford W. Miller) (08/22/85)
In article <6100004@prism.UUCP> jib@prism.UUCP writes: > >You are AT MOST liable for the rent until the end of the lease period. >It is NOT a courtesy for your landlord to forgive the amount that he >obtains from a later tennant. The landlord MUST give you credit for this >amount and furthermore has a duty to mitigate the damages by attempting >(by reasonable means) to release the apartment. (He may, however, charge >you for running ads, or an real estate agent's fee). > Tut, tut. This depends ENTIRELY on state law. In ohio, when I broke a lease, the court frowned on the 'liquidated damages' quoted in the lease, and said I could only be charged ACTUAL damages while the landlord made every attempt to relet the apartment (that is, I could be charged with the rent until it was relet, but if it was more than 1 month's rent, the landlord would have to PROVE they really could not find another tenent for good reason). In New York, the landlord is free to sue you for the entire remainder of the lease, and relet it as well!! That's because in New York, the lease is not really given much special staus over other contracts. You broke it, but you are still liable for the full amount of the contract. Brad Miller -- ..[cbrma, ccivax, ccicpg, rayssd, ritcv, rlgvax, rochester]!ccice5!ccice1!bwm
ark@alice.UUCP (Andrew Koenig) (08/23/85)
> In New York, the landlord is free to sue you for the entire remainder of the > lease, and relet it as well!! That's because in New York, the lease is not > really given much special staus over other contracts. You broke it, but > you are still liable for the full amount of the contract. This really depends on where in New York. In New York City, the landlord MUST let you sublet the apartment -- if the landlord refuses, you can break the lease without penalty.