Legal Question in Landlord & Tenant Law in New York
Can i get out of lease ?????
I have been in my apartment going on 5 years now and I am about to get evicted because I have not been able to pay my last 2 mounts rent. I have just got a job but land lard wants the rent or me gone. I have to go to court for the eviction. Can I get out of the lease and pay nothing because on the lease my name is spelled wrong. Or just a letter is left off my last name with makes it someone else. (Other name is in phone book too) no other info of mine is on lease. And I did not get signed copy form land lord ether. But I do think I signed the lease I sent him with my name not the one the lease is said for. Am I still held responsible for it? Or should I tell him to go collect it from the other person and give me 30 days to get out. (Squatters rights). Also if I am evicted how long do I have before I have to move is there a time frame in NY for this?
2 Answers from Attorneys
Re: Can i get out of lease ?????
This is a difficult situation, but you have many cards to play - you have many options.
Landlord and Tenant is a complex game in the city of NY. If you defend aggressively, often the landlord will pay you to leave!
My point is that working towards a 'stipulation of setlement' wherein back rent is 'forgiven' or waived' in exchange for leaving the apartment is a very real possibility. A competant lawyer can help you towards this goal.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Can i get out of lease ?????
You may have some defenses (although the misspelled name won't be one), however your problem is this, you've been living in the landlord's apartment without payying rent. This is akin to going to a restaurant and eating the food but refusing to pay for it.
In New York, squatter's rights do not exist in the law and you have not gained adverse possession so you have no right to own or use the property without the landlord's permission.
Your landlord may be willing to waive all or some rent owed if you agree to leave, but he has no obligation to do so, and can proceed to trial, where you may win on some points and only owe reasonable value for the time you spent at the landlord's policy, or you may lose and owe rent to the landlord for the full term of the lease, please costs and legal fees.
You do not have a position with very much leverage.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
