Legal Question in Real Estate Law in New York
Breaking of Lease and return of Security Deposit
I'm breaking my lease, but another tenant in the building is moving in to my apartment on the day that I move out. The landlord is not losing any rent off of this apartment.This has all been approved by the landlord. Am I now responsible for paying rent on the other tenants apartment until the landlord fixes it up and gets someone to rent it? The landlord originally gave me her word that I was not bound by the lease, since the other tenant is moving in. She has now gone back on her word and tells me that because she has alot of work to do on the other apartment, I am legally bound to pay rent for that apartment until she fixes it up and rents it out.
2 Answers from Attorneys
Re: Breaking of Lease and return of Security Deposit
You are not responsible for another tenants apartment.
Re: Breaking of Lease and return of Security Deposit
Since you are being relieved of your obligations by having the other tenant move into your apartment, the landlord has been accomodating to release you from your responsibilities. Since he does not have another tenant for the apartment being vacated, he would be losing rent by the arrangement he initially approved. He is entitled to be compensated for this loss, and since it is being incurred to accomodate you, it becomes your responsibility. Had there been no other tenant, you would be responsible anyway, and it sounds like you are getting off for less money than it would originally cost you.