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breaking a lease

Started by pepino
over 15 years ago
Posts: 22
Member since: Aug 2010
Discussion about
Is there a "standard" cancellation policy for NYC rentals? I've heard that some landlords will agree to a lease-rider that allows a tenant to break the lease with advance notice (30 or 60 days) and payment of a fee - often equivalent to one month's rent, though a neighbor had a no-fee agreement. Wondering if anyone has had experience negotiating a cancellation clause into their lease? if so, how did it go? Or will landlords 'forgive' the lease if a replacement tenant is found?
Response by anonymous
over 15 years ago

I think you realize there's no standard. Hopefully your landlord is reasonable and you are a good tenant. Is this an institutional landlord or individual?

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Response by pepino
over 15 years ago
Posts: 22
Member since: Aug 2010

Its a large NYC landlord. To clarify the question: does a requirement of "x"-days days' notice (use 60 days as an example), plus payment of a pre-set fee, sound like a reasonable cancellation agreement for a tenant? Looking at it as more of a just-in-case clause, we don't want to be stuck paying the balance of a lease if we need to move earlier than expected due to job changes / buying property elsewhere / etc...

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Response by MAV
over 15 years ago
Posts: 502
Member since: Sep 2007

Small Manhattan LL here.

I let tenants break their leases if they find a replacement tenant (I put apt on our website and also send people their way). They just have to pay for the full month and be out by the 21st-ish so we can paint/clean and have their replacement in my the 1st.

Most of the time, we have 3 happy parties, and it is done within a month, maybe two.

Side note: I have been a tenant at one of the big LLS (Related) when I bought a few years ago, and they tried to screw me every way they could. Dealing with the underlings of underlings taught me a few sleazy tactics I would NEVER even think about doing to any of my tenants, even/especially on the way out

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Response by lobster
over 15 years ago
Posts: 1147
Member since: May 2009

We have an "out" clause in our current lease which allows us to terminate our lease upon 90 days written notice with no cancellation fee. The "out" clause does require us to be out of the apartment 7 days before the termination date. We obtained this clause in a lease renewal and not the original lease.

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Response by anonymous
over 15 years ago

Pepino, sounds reasonable, but depends what you can negotiate, but obviously a smart thing to try to negotiate.

MAV, can you give examples of what to watch out for based on your experience when terminating?

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Response by Nosy
over 15 years ago
Posts: 29
Member since: Aug 2008

I'm in a rent stabilized building (20+years) I've signed a conract for an unfinished condo in a new development. My lease is up in November but my drop dead date in my contract is January 1, 2011. I'm thinking my landlord will be happy to see me leave but? So should I sign a new lease or let him know I want to leave? What if my condo isn't finished or worse runs out of monies?

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Response by Lee2323
about 15 years ago
Posts: 7
Member since: Mar 2010

Pepino / Nosy - where are your apartments? Maybe you can reassign the lease? I'm looking for a new place...

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Response by Lee2323
about 15 years ago
Posts: 7
Member since: Mar 2010

Send me an email - lee (at) leefinkel (dot) com, if you're interested...

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