Legal Question in Real Estate Law in New York
Ending Lease Easrly
We asked our management company
if we could get out of the lease early.
They agreed saying we must provide
a months notice, a $500 fee and
although standard policy was to hold
us responsible for the rent until it
was re-leased they would waive this
for us. They also said as long as no
major damages to our apartment all
of our security deposit would be
returned.
We have all of this in writing from a
senior leasing manager at our
management company.
So one we sent them an e-mail prior
to October 1st letthig them know we
would vacate October 31. They said
they would draw up the official Early
Termination Agreement which we
would sign and the $500 would be
due.
However when we got the
agreement it included the part about
us being responsible for the lease
until the apartment was re-leased.
We sent it back and requested it to
be changed according to the e-mail.
We got a call today from our
management company saying that
the owner of the bulding changed his
mind and we cannot cancel our
lease.
Do they have the right to do this if it
is already in writing we were allowed
to leave? We have already put
deposits down and new places.
Management sai
2 Answers from Attorneys
Re: Ending Lease Easrly
Nothing signed by both parties...no agreement. The rest is just negotiation.
Good Luck
RRG
Re: Ending Lease Easrly
No, they do not have a right to do that.
The manager is an agent of the landlord (acts for him). Since you have the agreement in writing signed by the agent it binds the landlord.
You had a right to rely on this agreement.
Once you vacate, should the landlord sue you, bring the agreement from the agent to court and tell the Judge you relied on this to your detriment. (legal theory called "detrimental reliance.")
Also, if he fails to return your security, take him to small claims court and bring the agreement.
Don't let him take advantage of you.
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