Legal Question in Real Estate Law in New York

Will I still owe rent to the new management conpany even if I don't live there?

I found an apartment through a real estate agent last October but I had to break a lease for certain reosons. As a penalty I had to pay the rent until it was rerented and I wouldn't get the security deposit either. Although I paid for the first month (June) after I broke the lease they took the keys and I had no access to the apartment because the managemant company said ''the lease wouldn't be officailly terminated unless I move out and hand over the keys, even though you don't live there''.

I kept calling the real estate agent to confirm if the room was occupied but in the middle of the month they told me the ownership of the property were changing so I shouldn't worry about oweing the management company anymore rent. Since there were transition in progress between the new company, the real estate agency couldn't show the room. Some of them had no idea what was going on. I called the the management company and they told me I would still had to pay THEM the rent until it gets rerented. Why should I pay them though, when the ownership will be changing in July. Plus, I offered to help them find a tenant so I could get my security deposit back ASAP. The only response I would get is ''call back in a few weeks''.


Asked on 6/27/02, 5:46 pm

2 Answers from Attorneys
Hayim Grant Grant & Dwyer, LLP

Re: Will I still owe rent to the new management conpany even if I don't live the

Generally, if you move out of a space that is leased personally, you still are responsible for all the lease payments. However, there are exceptions and that depends on the language of the lease and whether the unit was re-rented or not. Generally, a landlord does not have the obligation to re-rent the space to reduce your exposure. However, again, it really depends on the language of the lease and the specific facts here. I would recommend you speak with an attorney for a free consultation to review your issue more closely. We can do that for you if you are interested.

Good luck,

Hayim Grant, Esq.

212-512-0525

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Answered on 6/27/02, 5:57 pm
David Slater David P. Slater, Esq.

Re: Will I still owe rent to the new management conpany even if I don't live the

The landlord had a duty to mitigate your damages by making reasonable efforts to rerent. By taking your key he prevented you from trying to rent it. I wouldn't pay anymore. He may take you to court however, I think you have good defenses.

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Answered on 6/27/02, 8:16 pm


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