Co-Op Owner-Subtenant Issue

[aos213]

What is the name of your state (only U.S. law)? NEW YORK

Hello,
I am writing in regard to a problem I am having with the owner of my apartment in New York City. I am the sub-tenant of the apartment in a CO-OP building and I am trying to terminate my lease.
I notified the owner of my apartment that I need to terminate early, and she informed me that I have no option but to pay the remainder of my contract minus one month, but that I would have to deposit the money into her account today and move out within 24 hours to get the free month (my contract is up Sept 1). Obviously, this does not make sense, and she said that if i do not take the offer, her lawyer would contact me.
I also looked into subletting my apartment for the remaining months of my lease, but the owner informed me that management is not allowing her to rent/sublet the apartment after my contract ends. I found out recently that this is because she has rented the apartment illegally in the past without notifying the Board.
This is a very difficult situation because I want to get out, but dont want to pay her ridiculous request and have to move out once I deposit the check. i also dont have to find a sublet.
Please help.
Thank you,
AOSWhat is the name of your state (only U.S. law)?

 

[HomeGuru]

What is the name of your state (only U.S. law)? NEW YORK

Hello,
I am writing in regard to a problem I am having with the owner of my apartment in New York City. I am the sub-tenant of the apartment in a CO-OP building and I am trying to terminate my lease.
I notified the owner of my apartment that I need to terminate early, and she informed me that I have no option but to pay the remainder of my contract minus one month, but that I would have to deposit the money into her account today and move out within 24 hours to get the free month (my contract is up Sept 1). Obviously, this does not make sense, and she said that if i do not take the offer, her lawyer would contact me.
I also looked into subletting my apartment for the remaining months of my lease, but the owner informed me that management is not allowing her to rent/sublet the apartment after my contract ends. I found out recently that this is because she has rented the apartment illegally in the past without notifying the Board.
This is a very difficult situation because I want to get out, but dont want to pay her ridiculous request and have to move out once I deposit the check. i also dont have to find a sublet.
Please help.
Thank you,
AOSWhat is the name of your state (only U.S. law)?

**A: I agree. It does not make any sense. Read your lease.

 

[latigo]

What is the name of your state (only U.S. law)? NEW YORK

and she informed me that I have no option but to pay the remainder of my contract minus one month . . . Obviously, this does not make sense

No, it doesn't make sense nor is it totally legally accurate. Your landlord is mistaken in telling you that if you terminate before the end of the lease period, your only option is to pay rent for the balance of the term.

That may eventually prove to be so, BUT ONLY if she is unable to find a replacement tenant. The law requires that the landlord make reasonable efforts to do so in order to mitigate her damages.

Obviously there will be some slack period before the unit is leased again and you will be responsible for rent during that period and will loose the free month. But she is required to get off of her rear and get the property leased as soon as can reasonably be expected.

You will have to govern your decision accordingly.

 

[You Are Guilty]

Obviously there will be some slack period before the unit is leased again and you will be responsible for rent during that period and will loose the free month. But she is required to get off of her rear and get the property leased as soon as can reasonably be expected.

While correct, you haven't accounted for the Board rescinding its approval to sublet (assuming the Shareholder isn't lying about it). Does such an action by the Board "wipe out" the duty to mitigate? I don't know, but I suspect there is case law to be found on the issue.

 

[aos213]

I have spoken to the building's management. They have informed me that the Board will NOT permit another sub-tenant in the apartment because the owner rented it illegally before I moved in (On another note --- WHY did they let me move in in the first place if they were aware of this? Should I have been warned of this?)

In terms of finding someone to cover my lease, I have already found a tenant who is interested and has perfect credentials and credit (a friend of mine).

As for my rights as a tenant, I was under the impression that if I gave plenty of warning (4 months at this point) AND I found another tenant, I would be able to get out with no penalty...

 

[aos213]

Also - there is nothing in my lease about terminating my contract..

 

[You Are Guilty]

As for my rights as a tenant, I was under the impression that if I gave plenty of warning (4 months at this point) AND I found another tenant, I would be able to get out with no penalty...

That is generally correct. The question here is whether the Board's revocation of their permission to sublease means that you didn't actually find another "tenant". If your friend is never permitted to move in, then how is he considered a replacement tenant?

It's an unusual situation, and puts the rights of an (comparatively) innocent tenant at odds with those of a dumbass sub-landlord. While I think you would still win if you provided a suitable alternate tenant (NYC is generally pro-tenant), more research would be needed to be sure.

Hope that clarified a bit.