Legal Question in Landlord & Tenant Law in New York

lease agreement

my lease expired 8/30/04. the landlord and i had a verbal agreement that we would extend our lease agreement for one more year. in the meantime on 8/4/04 my husband and i came across a great deal to purchase a home. when the deal was concrete we informed the landlord on or about 8/20/04 that we will be moving. we never gave a specific date because we did not know when our closing woud be. the landlord got back to me a week later and started to show the apartment. i let everyone in. he said he was renting it as of 9/1/04. when we stated how can you do that we never told you when we were moving. he gave us a week to let him know whe we were leaving. we informed him to day as of 10/01/04. he then said 9/01/04 rent was double the amout because we did not abide by the lease agreement. i have to admit we should have never signed the lease. after reading it now i was in a rush and i learned my lesson. the only leg i think i have to stand on is that there was not a wittness when we signed. he is keeping our security deposit 2600.00. and wants 2700.00 for 10/01 rent. we have improved the property and are leaving the steps carpeted, ceiling fan, a shed, and a brand new landscaped garden. we had no intention on leaving. we just got a deal.


Asked on 9/05/04, 10:31 pm

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: lease agreement

Do not allow this landlord to intimidate you OR keep your $$. You are accepting blame where you shouldn't.

Facts: Your lease expired 8/30/04 (you verbally agreed to re-new but DID NOT sign a new lease, right?), On 8/20 you told him you will be leaving, and on/about Sept 5th you told him you will be leaving oct 1. He's keeping your deposit and doubling your rent for Sept. If those facts are correct, here's the law in NY.

If you do not have a CURRENT written lease, you need to give him 30 days notice (full rent cycle) of the date you are moving. He needs to give you same amount of time of intent to raise your rent.

So, as of NOVEMBER 1st (full 30 day rent cycle), if he doesn't rent the apt sooner, your obligation ends and as of same date, if you are not out, your rent will increase. He can NOT keep your security $$ unless you damaged the place or do not pay rent until Nov. 1. If he rents the place, you do not owe him any $$.

Pls email me if you need further info.

Debra Palazzo

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Answered on 9/06/04, 9:55 am


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