Legal Question in Landlord & Tenant Law in New York

We have a Lease, and the landlord wants to cancel.

I've just signed a lease for an apartment in NYC. The lease has also been signed by the landlord. This is through a NO-FEE realty. Our broker tried to swindle us by claiming a $200 fee before the lease was even signed. Once we wised up, we said 'no' and he went to the lanlord and advised him not to rent to us. we've not even moved in yet. are we in the right to claim that the apartment is ours? we have the lease and the landlord has our money, but wont give us the key. we've not even had a chance to violate the lease in any way. what can we do?


Asked on 5/12/04, 9:01 pm

3 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: We have a Lease, and the landlord wants to cancel.

It sounds like you have a fully executed lease and the apartment is yours. Any comission dispute is a separate contract issue. This NO FEE Broker must get paid from someone? Are they licensed? You can go to Dept of State web site to find out.Did they give you an agency disclosure form to sign?

If landlord refuses to give you access you have an action against him and maybe the Broker for interfering w/ your contract.

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Answered on 5/12/04, 9:44 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: We have a Lease, and the landlord wants to cancel.

If the landlord refuses to release the key, move by order to show cause in the housing court immediately, requesting the court compel the landlord to turn over the key and ask for damages based upon an illegal lockout.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/13/04, 8:14 am
richard feldman richard d. feldman

Re: We have a Lease, and the landlord wants to cancel.

I believe that while you have the right to get a locksmith and enter the apartment it would probably cause police involvement and anguish. the landlord should be notified that if he does not give you the keys he will be subject to legal action and damages. You can call for free telephone consultation at 516 466 LAWS

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Answered on 5/13/04, 9:41 am


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