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In NY State, after taking security payment and signing lease, 4 days before we are to move in, can a LL BreaK our lease?
Anonymous4 views3 answers
My husband and I have found a house to rent. A 4bdrm, 2&1/2 bath home in our area. We did a walk through, and, as the prior tenant was in the process of moving out, there were things that needed to be done. They went over the list with us. When we were called back for a second walk through, it was clear that not everything had been done. The jacuzzi tub was still broken, the fireplace was broken, they had ordered a new stove, but the paint was patched and the carpet, stained. We had already paid our security, and both parties had signed the lease. In addition, we've already scheduled our utilities to be transferred. They wanted the first month's (February's) rent on January 20th. But... because of these things that should have been working/fixed etc, that weren't, we decided to pay February's rent on February 1st, when we were to take occupancy. We were told they won't move the broken dresser because they don't need to pay to have it moved. It will cost $700. To fix the fireplace so they won't do it until the spring. Ok,...well, that sucks but what are you gonna do, right?!?.. so,a few hours ago, (January 25th ) the broker called. We are too much drama. They broke the lease.
Dear Rock Hill Tenant:
You may need to see a local lawyer to develop more facts. Based on your question you may not have an "effective" lease. Generally, in NY a lease becomes in effect when the landlord delivers the keys and a signed copy of the lease to the tenant. You did not mention getting the keys. You also described a unilateral rejection of some terms of the lease.
You may have a right to compel performance and so go see a lawyer.
Hello:
I view this in basic contract law - was there an offer and an acceptance. If so, there is a contract. The landlord is the one who makes the offer of "as is", if he accepted your checks, then there is an acceptance on those terms. However, this rule is not absolute - are you deemed to have made a counteroffer (you wanted this done) which was not accepted?
In any event, if you are not out of pocket for any monies paid to him - move on. I assume this is a one or two year lease and does not seem to be worth the aggravation or cost of litigation.
Too many variables. Was the "list" part of the lease? Meaning was your obligation to pay contingent upon their making the repairs? If so, they are in breach and the LL could be responsible for all your damages, including moving to a different place, any increase in rent for a year etc. If the list was not material to the leasehold, your failure to pay on time might be considered a breach, depending upon what the lease said. Should have a local Landlord/tenant attorney review the lease and get after the landlord.
