Legal Question in Landlord & Tenant Law in New York
is lease i signed binding in NYC?
i signed a lease for an apt. i haven't moved in yet. the leasing company told me i needed to come in and sign a new lease, that there was an error in the old one, which they will not provide me a copy of. I don't want to sign anything unless they show me the old lease. First they said they destroyed the old one, then they say they have it. leasing agent says the wrong address is on the lease. I have an appointment with them tomorrow, but am hesitant to do business with them after all this. Is the document that i signed binding if:
1. they did not sign on their end? or
2. if they did sign, the address of the building is wrong?
i may need to hire someone to defend me on this.
2 Answers from Attorneys
Re: is lease i signed binding in NYC?
The lease is not binding if the address is wrong AND you have not taken possession of the right apartment. The same with an unsigned lease. IF you haven't taken possession its not binding. But if you had they are endorsing the lease by allowing you to move in.
That being said, something doesn't seem right. I would hesitate to sign anything before you review the old lease and find that what they are telling you is truthful. You don't want to deal with dishonest people. It's not worth it. Once you're in you'd be dealing with the same people for the term of your lease so if you don't feel comfortable about the situation it may be better to walk away and find a different place to live.
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.
Re: is lease i signed binding in NYC?
The law in this situation is not 100% clear. Since they can sign the lease at any time, I will assume both sides have already signed.
You have a valid contract. The terms of the contract are now in question. They can have the new address put on the lease by claiming it is a clerical error. But this is NYC and in L/T court anything can happen. The judges make up their own law in this court every day. Always pro-tenant, so you are in good shape.
If they destroyed the lease, then they cannot prove or show the terms of the lease and will not be able to enforce it. You are in good shape there.
This type of thing happens more often than you might imagine. The parties usually work it out, or the tenant walks away with no obligation.
If you are uncomfortable with this organization and worry that something bad might happen in the future, walk away. If the apt is too good to pass up, work it out.
You are welcome to meet with me and I can go into more detail or directly help you with the landlord.
You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.
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