This site is closed to new comments and posts.

Notice: This site uses cookies to function.
If you are not comfortable with cookies then please don't browse this website.

Can I break a new lease? Please read... — Brooklynian

Can I break a new lease? Please read...

leasehelp
leasehelp
edited November -1 in Fort Greene, Clinton Hill, Bed-Stuy
I also posted this on the CL housing forum...

I signed a lease on Monday for Sept. 1, and I've got a really bad gut feeling about this. Can someone let me know if anything can be done or if it's too late? First off, I saw the apt last Friday and was told that only first and security were required. When I agreed to take the apt and went to the office, the rent was suddenly raised by $50/month, a 'maintenance' was added (which includes heat so, ok, whatever), and they now required first, last and security. They also said that I had to take the apt for Sept. 1 in order to get that price. So, yeah, I did it...I forked over the equivalent of three months rent + 'maintenance' for a Sept. 1 move in. Here's the thing, though, I signed for a 9/1 move in and there's still furniture in the apartment (like alot of it--in every room) and no refridgerator installed. Before we signed the lease we were told these things would be taken care of. Was told again yesterday on the phone with the landlord (who I haven't actually met) that this would be done 'ASAP' and he was very dismissive. I just feel really, really bad about this. Is there anything at all I can do in this instance. I mean, I'll be screwed, too, if this doesn't work out, but I mean, come on, I'm currently paying for an apartment that has 'model' furniture sitting in it and no refridgerator. I've been completely unable to move my stuff in. They also seem to have no idea where I can get the key to the mailbox or the other key to the apt. Please, please let me know what you think. I'm stressing hardcore. And I realize that signing the lease was stupid and rash, but damn. The checks haven't gone through yet, and I'm feeling really had right now.

Comments

  • daver
    daver
    I would stop payment on those checks RIGHT NOW and then figure the rest out. Once they are cashed, good luck getting your cash back. Check tenant.net for more info, a wild ass guess would be that your new landlord is already in breach of the lease and that there are certain steps you would take to break the lease. But given what you describe, unless you can afford to have that money tied up for months fighting everything out, I would stop payment immediately. Like, get off the computer and go to the bank.

    But I'm just a random internet person, so's I really don't know anybody at this party.
  • bohuma
    bohuma
    daver wrote: I would stop payment on those checks RIGHT NOW and then figure the rest out. Once they are cashed, good luck getting your cash back. Check tenant.net for more info, a wild ass guess would be that your new landlord is already in breach of the lease and that there are certain steps you would take to break the lease. But given what you describe, unless you can afford to have that money tied up for months fighting everything out, I would stop payment immediately. Like, get off the computer and go to the bank.

    But I'm just a random internet person, so's I really don't know anybody at this party.
    Unfortunately, if leasehelp's landlord is like the two I've dealt with in NYC, they required cashier's checks - not so easy to stop payment on. It's a pity leasehelp didn't use a broker, because they're really good for sorting this stuff out. My last lease I signed on September 15 for a September 1 start, but it was a really good deal, so I figured it was the price I had to pay. It did work out for me. However, I was working with a broker, and a reasonably professional management company, there was no furniture in the apartment, it was freshly renovated and had all new kitchen appliances, and was ready for me to move into as soon as I signed the lease.

    leasehelp, I think you need to carefully review the contents of your lease. I doubt that there's a cooling off period. If you want to void the lease, you may need to talk to an attorney - today if at all possible.
  • daver
    daver
    I figured they were personal checks, since he knows that they haven't gone through yet. Can you even reasonably check if Cashier's Checks have gone through?
  • modsquad
    modsquad
    Like Daver said. Chances are you and the LL will just walk away from this. He would have to prove damages to take you to Housing court. Unlikely given the current market. Regarding the Credit rating co., I'm not opening that can today.
    PM me if you want a good tenant attorney.
  • modsquad
    modsquad
    It's possible that you can approach the LL with some sob story, stop payment first however, and draw up a one page document making said Lease signed between you and LL on such and such date Null and Void. No LL wants to deal with a dead beat once hes moved in. If it requires a "fee" for the management co., well maybe it's worth it.
  • modsquad
    modsquad
    Sorry, I'm thinking out loud. You need to document. Keep a diary, take pictures of the furniture preferably with someone in the pictures with a NYT front page. You may never need them but you will kick yourself if you do.

    Check your lease for an "AS IS" clause. If there isn't one then the furniture/refrig might be enough to prove LL's inability to perform. A deal breaker.
  • boygabriel
    boygabriel
    not having a fridge is definitely a Warrant of Habitability violation. that doesn't void the lease, but if this goes to court it's a huge plus for you.

    As others have said, stop payment immediately if possible. Then just walk away (or take them to court if you want to get money back). Document everything. Send faxes and voice mails to the landlord detailing why you're backing out.

    Normally withholding rent is a really bad tactic, but you haven't moved in yet, and the landlord was violating the lease before you got a chance to.

    I'm assuming a landlord acting like this is a bit of a money grubber who doesn't care too much about tenants and qualify of life. Landlords like this will try to strong arm you into keeping quiet and paying rent even during a conflict like this. Meanwhile, if you walk away, they're unlikely to take you to court. They'll threaten the hell out of you, but they don't have much of a leg to stand on.
  • plucky purcell
    plucky purcell
    file an HP Action for a rent abatement... and/or sue for partial constructive eviction?
  • randalew
    randalew
    Try calling 311, I delt with a bad landlord when I moved into my first apartment. You can file reports against him (for ex., we went for over a week once with no heat/hot water, we called 311 and he ended up with a big fine), and I know they have free legal services where you go into some building in the city to meet up with attorneys. I really wish you a lot of luck. We ended up riding our lease out for a year and it was miserable.

    I agree with modsquad, you should be documenting everything. And correspond with him in writing, if possible, rather than over the phone. I would first try to demand your deposits back, take photos of the apartment as it is now and don't let him intimidate you!!!! That is what my old LL - Zelman Perl - would do. If I would have only known now what I knew then!
  • brooklynleather
    brooklynleather
    can i ask where this sketch apt is?
  • misspersonalitee
    misspersonalitee
    wow! sounds like my LL...apt situation.... would you happen to be referring to an apt on washington ave?
Sign In or Register to comment.

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!

Sign In

Categories