Terminating an Apt. Lease

I need some advice and here is my story. I currently live in Brooklyn, NY but i'm wanting to move to Atlanta (home) but I recently re-signed a new one year lease in March. I want to be able to break the lease and still get my security deposit back but don't know how that is possible. I currently rent a 2 bedroom apt that is in a house that is split into four apartments and I rent directly from the owner. Coincidentally I have been having trouble with my knee and my orthopedic Dr. says I really shouldnt be walking around and going up and down stairs (which this is inevitable in NYC not to mention i have to walk up and down stairs to get in and out of my apartment), Could this be a viable excuse to terminate a lease? or should i go about it another way, since the trouble with my knee is not my only reason for the move?

Dude, the fact that you are renting from a private owner is rough. He could not only keep your deposit, but hold you accountable for the remaining payments on your lease. Best bet, is ask him if you forfeit the deposit, if he'll let you break it.

Maybe try and give him some sob story about your leg, the economy, and whatever...but I was in a similar situation, bent over backwards to try and find new tennants and documented it, but still wound up losing my deposit, and repainting the entire place.

yeah I'm wondering if I can get official documentation from my Orthopedic Dr. that its bad for my knees if that might suffice them. I mean it's not like i'm dealing with true New Yorker's either my landlord and his wife just bought this house 2 years ago and i was one of the first tenants not to mention the owner doesnt speak english and his wife handles everything plus they are new to the country and havent lived here very long.

Why don't you try and find someone to assume your lease? Or, you know, just let him keep the security deposit.

It sounds like the landlord is a good guy, seeking the American dream, and now someone is trying to skeeze out of a lease they signed 2 months ago.

well i could try and get someone who will take over the lease but i want it re-signed because i dont want to be legally responsible for any damages that occur after i move out. Not to mention i've recently had problems with her, she always comes knocking on my door yelling at me not to smoke in the house when its her 16 year old son that is always smoking pot. And everytime i'm outside having a cigar a police car almost always pulls up (they never say anything to me) but i swear she calls the cops cuz she thinks i'm smoking weed. She's just ignorant when it's her son. i almost wish she'd just get mad at me and kick me out

Your medical issue won't get you out of the legal contract you made and will probably come across as disingenous to the landlord. The best way to handle the situation is to be honest. Don't make excuses. Just say that you are moving out of the city, and it was something you hadn't planned when you signed the lease two months ago. Apologize and say that you will help find a replacement tenant immediately.

If the landlord is nice and you actually get someone to immediately take your place, then you should very well get your deposit back and have no further obligations. The best way to assure that he is nice is to be honest, respectful, and nice to him, which is why you shouldn't make excuses and just be straightforward with him.

If he's not nice (and he's under no obligation to be), then you could be out your deposit and potentially a few months rent, if he decides to go after you. It's unlikely that he would go after you for further rent, and he is obligated to try to mitigate claims against you by seeking another tenant. However, if he makes an effort to find another tenant and can't, then he could potentially go after you for unpaid rent. Don't piss him off by giving excuses and giving him a reason to go after you.

Your best strategy is to get her to kick you out. Of course, you can just leave, and they will keep your deposit and try to sue you. You're in the wrong here, so just explain your situation and see what they can do for you. They don't want to sue you for the rent as much as you not wanting to be sued. It costs them time, effort, and money (and collection costs, if you refuse to voluntarily pay).

I spoke with my landlord and she said all she needs is a months notice that I'm leaving and I can have my security deposit back. She seemed eager to get rid of me and my roomates, I swear she thinks we are pot heads cuz we are always smoking cigars outside (she really doesnt know the difference). Thanks for everyones advice tho!

youre lucky to get your deposit back. most cases like these you are just breaching the contract and you lose out on your deposit, plain and simple, no matter how legit the reason to break it is. ok. sure. you have your reasons. but you still lose the deposit. that is just the way it is.

Originally Posted by Minkous

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I spoke with my landlord and she said all she needs is a months notice that I'm leaving and I can have my security deposit back. She seemed eager to get rid of me and my roomates, I swear she thinks we are pot heads cuz we are always smoking cigars outside (she really doesnt know the difference). Thanks for everyones advice tho!

Get that in writing.

Originally Posted by dsgNYC

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Get that in writing.

and notorized

Oh snap. Let me know when you are back in town.

Will do bro!

What park of BK? Trendy BK or gangsta BK?

The lady probably thinks you are smoking a dutch master or one of those other cigars they sell at the bodega.

Sounds like a good outcome, very reasonable of her. Then again, small price to pay to get rid of the resident potheads..