Legal Question in Credit and Debt Law in New York

Am I responsible to pay for empty apartment?

I bought a house & moved in Dec 29, 00. I broke the lease on my apartment. I was advised that someone was moving in to my apartment on Feb 1, 00. Therefore, I left my security depst as payment for month of Jan. 00,thinking this settled my acct with them. I recd in the mail yesterday a reqst for $307.27 from them for payment from Feb 1-Feb 15, as the tenant did not move in until Feb. 16th. I was never advised of this before this letter and the letter threatened me with legal proceedings in I did not pay. I was a good tenant and have excellent credit. Am I responsible to pay them for the 15 days?


Asked on 4/10/01, 10:49 am

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Am I responsible to pay for empty apartment?

Since you "broke the lease," you are responsible for the rent. The landlord has a duty to mitigate damages. Depending on the terms of the lease, you may also be responsible for the landlord's counsel fees if you do not pay.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 6/08/01, 8:49 am


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