I lost my job when we moved in we wanted a 1yr lease was convinced to sign 2yrs so rent stays the same now i lost my job and we went to the landlord to claim hardship she wants us to sublet the apt i want to know my rights with hardship we dont want to stay on the lease at all. we are willing to find someone to take over but we want out. also on our contract we originally signed a 1yr they whited out over the typed one and hand wrote 2 in we did not inital it does that mean anything? We really just want to know our rights. When my brother and his wife moved into the same building as us they asked for a 2yr lease and the manger told them they do not allow 2yr leases... Please help us. thank you very much
The intent of the parties is always what rules in contractual situations. Since your intent was to take out a two year lease, then you are legally bound to two years. However, what you are really asking is whether the Landlord can actually enforce the two years if you didn't initial the whited out portion that says two years.
Since it would take you lying about your intent, I must tell you that you are bound to the two year lease.
On the other hand, if you must get out before the two years are up, then if you find someone else to rent during the remainder of your lease, the landlord has no damages due to your leaving and therefore, you would have not monetary exposure. Why not find someone to take your apartment and that will take care of it.
Good luck.
You are really asking 2 separate questions. One with respect to the validity of the lease (contract), the other with respect to transferring your interest in the property.
If you were to default on your lease, and your landlord were to sue, the court would look to the lease agreement to determine the liabilities of the parties. You see, the court has to determine exactly what you and the landlord agreed upon, and the text of the contract alone is the best way to prove the terms upon which the parties to the contract agreed.
With respect to the duration of the lease, the agreement, you say, has white out on it without your initials indicating whether or not you approved of the change. Whether you actually agreed to the change of the lease duration is a question of fact for the jury or judge to decide. There is really no way to know for sure how that issue will be decided. There are some rules of thumb in documents where print, typing and handwriting are substituted for one another, but those should be explained by an attorney who has been able to review the lease agreement. Some evidence you may want to round up in your favor would include a copy of the lease you were given (to show whether the copy indicates 2 years as well) and the names and addresses of any witnesses who were present when you signed the lease. Unfortunately, it seems your public posting indicates you actually did agree to a 2 year lease, and no lawyer should encourage you to perjure yourself.
That seems to leave you with one option: transferring the lease to someone else. With respect to your ability to find someone to take over the lease and get your name off of it, you are referring to a lease "assignment." This would be distinguished from a "sublease" where you would remain on the lease with your landlord and you would, in effect, be a landlord to the subtenant.
In New York State, whether you have the right to assign a lease depends upon the type of building you are renting in (under 4 units or 4+ units), and especially the text of the lease agreement itself. The general rule is that unless the lease says otherwise, the tenant can freely transfer the property by assignment or sublease. However, in a residential lease (under 4 units), unless the lease provides otherwise, a residential tenant cannot assign the lease without written consent of the landlord. In fact, the landlord can unreasonably withhold consent to assign, and your sole remedy is to seek release from the lease. In a 4+ residence building, the rules are different.
So you see, you are dealing with several variables here. Best to see a lawyer as soon as possible, and bring your lease agreement with you. Your lawyer will review it, and advise on the best course of action to take.
You are really asking 2 separate questions. One with respect to the validity of the lease (contract), the other with respect to transferring your interest in the property.
If you were to default on your lease, and your landlord were to sue, the court would look to the lease agreement to determine the liabilities of the parties. You see, the court has to determine exactly what you and the landlord agreed upon, and the text of the contract alone is the best way to prove the terms upon which the parties to the contract agreed.
With respect to the duration of the lease, the agreement, you say, has white out on it without your initials indicating whether or not you approved of the change. Whether you actually agreed to the change of the lease duration is a question of fact for the jury or judge to decide. There is really no way to know for sure how that issue will be decided. There are some rules of thumb in documents where print, typing and handwriting are substituted for one another, but those should be explained by an attorney who has been able to review the lease agreement. Some evidence you may want to round up in your favor would include a copy of the lease you were given (to show whether the copy indicates 2 years as well) and the names and addresses of any witnesses who were present when you signed the lease. Unfortunately, it seems your public posting indicates you actually did agree to a 2 year lease, and no lawyer should encourage you to perjure yourself.
That seems to leave you with one option: transferring the lease to someone else. With respect to your ability to find someone to take over the lease and get your name off of it, you are referring to a lease "assignment." This would be distinguished from a "sublease" where you would remain on the lease with your landlord and you would, in effect, be a landlord to the subtenant.
In New York State, whether you have the right to assign a lease depends upon the type of building you are renting in (under 4 units or 4+ units), and especially the text of the lease agreement itself. The general rule is that unless the lease says otherwise, the tenant can freely transfer the property by assignment or sublease. However, in a residential lease (under 4 units), unless the lease provides otherwise, a residential tenant cannot assign the lease without written consent of the landlord. In fact, the landlord can unreasonably withhold consent to assign, and your sole remedy is to seek release from the lease. In a 4+ residence building, the rules are different.
So you see, you are dealing with several variables here. Best to see a lawyer as soon as possible, and bring your lease agreement with you. Your lawyer will review it, and advise on the best course of action to take.
