Legal Question in Real Estate Law in New York

Rent Reimbursement

I paid the full rent for the final month of my lease. I found an apartment early, so moved most of my stuff out of the apartment and into the new apartment three weeks before my lease ended. As a courtesy, I told the landlord that I was moving some big things out on that day. I never made formal arrangements to move out and left many things behind. I came back the next day and the locks on the apartment were already changed. The following day, before I could call the landlord to ask about the locks, I received several messages from the landlord indicating that somebody was moving in very soon and I needed to remove my belongings immediately or they would be thrown out. I complied, with the pretense that somebody was moving in the next day (15th) and that I would be reimbursed for the 15th until the end of the month. I've later found out the the tenant didn't move in until the 20th and the landlord is refunding my rent from that day until the end of the month instead of the 15th. Am I entitled to receive rent back from the 15th to the end of the month because I was told to get out (and voluntarily complied)? My landlord doesn't seem to think so. It's an expensive apartment so 5 days is not a small amount of rent.


Asked on 8/23/02, 12:04 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Rent Reimbursement

Since they did not re rent until the 20th you are only entitled to reimbursement from then.

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Answered on 8/23/02, 12:53 pm


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