We moved to a new construction building in Queens at the beginning of the month. The developers have been a nightmare since the lease signing, which we probably should not have gone through with. We signed the lease 7/11, didn't receive the guarantor paperwork until the 22nd, and still haven't received a countersigned lease from the developers- after 3 weeks of living in the unit. The developers... [more]
We moved to a new construction building in Queens at the beginning of the month. The developers have been a nightmare since the lease signing, which we probably should not have gone through with. We signed the lease 7/11, didn't receive the guarantor paperwork until the 22nd, and still haven't received a countersigned lease from the developers- after 3 weeks of living in the unit. The developers won't answer our emails and calls.
It doesn't seem like they're going to try to get rid of us- of course we already paid our first and deposit- and we had no problems moving in. They have just completely ignored our requests for the lease.
Our broker said all his office can think of is that the developers won’t give us the lease because then they’ll have to legally recognize the deal, and apparently they fired the broker company they were working with when we signed and are trying not to pay them.
Should we be worried?
Also, and this will sound first-world-problem-y, but we’re paying for a laundry room and they (the super) have been promising that it will be ready since we moved in, but it’s still not ready 3 weeks later. Can we legally do anything about this in regards to our rent? Obviously it makes it difficult that we don’t have a countersigned lease yet, but has this happened before?
Any advice would be greatly appreciated.
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Response by kaarrll_1393124
over 10 years ago
Posts: 12
Member since: Feb 2014
Send them your receipts for sending your laundry out. Keep copies.
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Response by jelj13
over 10 years ago
Posts: 821
Member since: Sep 2011
Why did you move in without the countersigned lease in hand?
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Response by Flutistic
over 10 years ago
Posts: 516
Member since: Apr 2007
Well, y'know, the landlord gave you the keys and cashed your checks. If you want to live there do not be late with rent.
BTW you have a lease, it's called an oral lease. I am one of the few people around who seems to know this cute little fact, but in New York you have to have a written lease for terms of 1 year or more; you do not need a written lease for terms less than 1 year.
I took a class with a very smart atty who didn't believe me, so I pulled up the statute and proved it to her. I was taught by smart people in real estate class, that's how I knew this.
But it's hard to deal with the laundry room without a written lease, and I'm wondering if these two events might be related.
I like kaarrll's idea very much.
Anyway,
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Response by fieldschester
over 10 years ago
Posts: 3525
Member since: Jul 2013
& after 30 days ... you are in even better position.
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Response by mjzwoman
over 10 years ago
Posts: 0
Member since: Aug 2014
The lease will be deemed valid. The landlord's agent presentation of the lease to you was the offer, your signature and tender of the first and last month rent was your acceptance. A written contract has been created. All that is needed is OFFER plus ACCEPTANCE. Any court would recognize the lease as valid.
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Send them your receipts for sending your laundry out. Keep copies.
Why did you move in without the countersigned lease in hand?
Well, y'know, the landlord gave you the keys and cashed your checks. If you want to live there do not be late with rent.
BTW you have a lease, it's called an oral lease. I am one of the few people around who seems to know this cute little fact, but in New York you have to have a written lease for terms of 1 year or more; you do not need a written lease for terms less than 1 year.
I took a class with a very smart atty who didn't believe me, so I pulled up the statute and proved it to her. I was taught by smart people in real estate class, that's how I knew this.
But it's hard to deal with the laundry room without a written lease, and I'm wondering if these two events might be related.
I like kaarrll's idea very much.
Anyway,
& after 30 days ... you are in even better position.
The lease will be deemed valid. The landlord's agent presentation of the lease to you was the offer, your signature and tender of the first and last month rent was your acceptance. A written contract has been created. All that is needed is OFFER plus ACCEPTANCE. Any court would recognize the lease as valid.