FH has issues breaking a lease ... please help, give advice!

NYCGirl2008 Posted: Apr 01, 2008 10:46 PM

FH has issues breaking a lease ... please help, give advice!

My poor FH has major issues. We are in the process of buying a house and he has a lease that doesn't end til November of this year! We expect to own the house and be paying mortgage probably as of May 1. Anyways, his lease says he needs to give 30 days notice and then pay 2 months rent. This is $5000!!! He is so stressed. What can he do??????????? Any advice???

Snowflake08 Posted: Apr 01, 2008 10:51 PM

Re: FH has issues breaking a lease ... please help, give advice!

my cousin's wife is a real estate lawyer

i had this issue several years ago
she told me that ALL of the laws in new york state protect the renter and the owner basically CANNOT demand payment

Lucky0510 Posted: Apr 01, 2008 10:53 PM

Re: FH has issues breaking a lease ... please help, give advice!

honestly, my ex bf broke leases all the time (in the 5 years he moved at least 12 times) sometimes he didn't even give notice... nothing has ever happened. Almost all the landlords kept the deposit... but, they never took him to court or anything. sorry, i really don't have any advice on how to get out of it legally.

anneandchris Posted: Apr 01, 2008 11:42 PM

Re: FH has issues breaking a lease ... please help, give advice!

could he sublease?

NYCGirl2008 Posted: Apr 02, 2008 12:26 AM

Re: FH has issues breaking a lease ... please help, give advice!

I am thinking sublease ... yeah, it's a good thought for sure.

roan126 Posted: Apr 02, 2008 06:59 AM

Re: FH has issues breaking a lease ... please help, give advice!

I broke my lease when I moved out of the city to live with FH. They didnt give me a problem at all.

NapaValleyGirl Posted: Apr 02, 2008 07:31 AM

Re: FH has issues breaking a lease ... please help, give advice!

DEFINITELY sublease. Either put it on Craigslist or use Citi-habitats. If you put it on Craigslist make sure you write up a lease for them and get a deposit. I know a friend of mine that subleased a one br apartment on the UES for almost 2k a week!!!!

missK Posted: Apr 02, 2008 07:33 AM

Re: FH has issues breaking a lease ... please help, give advice!

Im thinking he probably had a security deposit and that would count as one month cause I thought they either give that back or use it as the last months rent. Otherwise if he didnt then that is how they get the security back in the end. I would tell them now and he may be able to just get out without paying 2 mo. It doesnt hurt to ask

lucky2b Posted: Apr 02, 2008 07:34 AM

Re: FH has issues breaking a lease ... please help, give advice!

It is no problem really....but they will keep your deposit so you may want to give notice and not pay the last months rent so you don't lose the money. It's been done over and over and the owners never do anything. If you sublease you will be responsible for any damages or lack of pmt by the subleaser.....not a good idea!

anamaree77 Posted: Apr 02, 2008 07:55 AM

Re: FH has issues breaking a lease ... please help, give advice!

I'm going through some issues with my tenants right now and from the other point of view, I would say to just talk to them about it. Let them know what's going on in a nice and calm way. Don't take advantage of anyone and live out your last month's rent as someone else suggested. That is not only rude but you don't know what somebody else's financial situation is and that might be a burden on them if there is any damage to the apartment. Tell them you are leaving with at least 30 days notice and give them the opportunity to show the apartment and get a new tenant. Under those circumstances, I can't imagine them not returning your security deposit and everyone wins.

Just MO. Good Luck!!!!

smplynluv Posted: Apr 02, 2008 08:27 AM

Re: FH has issues breaking a lease ... please help, give advice!

Some landlords will give you problems (always go month to month!) I mean, he'll be breaking a contract... especially if in the lease agreement he signed it states that he needs to pay those 2 months. See if the lease says anything about subletting. If it does, ask the landlord if he'll let you anyway and get something in writting. Hopefully the landlord won't be such a prick and will work something out with you....

But, check out the Tenents rights guide. Maybe you'll find something in there that can help.

zoe282 Posted: Apr 02, 2008 09:15 AM

Re: FH has issues breaking a lease ... please help, give advice!

I agree with what a lot of people are saying. Give 30 days...allow the security deposit to act as 1 of the 2 months you need and have him just go. 1 month should be good enough time for them to get someone into that apartment. And in all honesty I don't think the landlord will do anything about it. it will cost him more in legal fees then the money your FH owes him. It stinks but he is trying to be reasonable as should your land lord. You won't get him as a reference but since you are buying a house you don't need it.

minibride08 Posted: Apr 02, 2008 09:17 AM

Re: FH has issues breaking a lease ... please help, give advice!

Posted by NapaValleyGirl

DEFINITELY sublease. Either put it on Craigslist or use Citi-habitats. If you put it on Craigslist make sure you write up a lease for them and get a deposit. I know a friend of mine that subleased a one br apartment on the UES for almost 2k a week!!!!

I was going to say this. Not sure if it's in the city- but anyone I know who's in this situation has done this and its worked out. Good Luck!!