Broke a lease Feb '14, (paid for my months living there, left it immaculate). >1 year later, lawyer wants 6K. Any § loopholes?

Bankruptcy and Debt 4 views 2 answers
NYC residency. I paid every month, had verbal from leasing office Feb 2014 that we were squared up. It is a big apt complex. My parents, guarantors, got the letter. They are now retired and not as flush. Need to get out of this.

Attorney Answers

2
Steven Smollens ·
Dear New York Tenant: If you are looking for a "loophole" then the search starts with all the documents related to the apartment and the tenancy and the demand letter to your parents. Usually, a New York lease runs through the end of the lease term even when the tenant "breaks" the lease. When a tenant does so, and looks for certainty that everything is squared up, a verbal statement does not trump the written words in the lease and does not overrule existing legal precedents. The lease usually adds re-renting expenses and legal fees to the tenant obligation and the tenant remains liable until a new tenant starts to pay rent. The landlord may have also used a court proceeding to gain legal possession of the apartment. So you should check the Housing Court records at the Public Access Computers in the Landlord and Tenant Clerks Office to check that no lawsuit was brought against you. Guarantors are left holding the bag when the tenant defaults and owes money. Your parents may need an attorney. But you should do all the legwork to find out how the old landlord came up with a $6000 charge.
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Richard J. ChertockReal Estate AttorneyMelville, NY ·
If you had a written lease there are probably no loopholes. Unless the lease provided mechanisms for early termination you broke the lease when you left and are responsible for the balance of the rent for the remainder of the terms of the lease subject to any setoff for moneys collected by the landlord as a result of reletting the premises to someone else. Should you have defenses to paying rent, such as constructive eviction, breach of warranty of habitability or deprevation of your right to quiet enjoyment you may be able to defend any action seeking the balance of the rent due under the terms of the lease. I suggest you schedule a consultation with landlord tenant attorney to review the lease and the demand letter that your parents got so you can prepare any defenses you may have the upcoming suit that seems inevitable.
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