Breaking a lease before starting it

You should speak to your attorney on this. I believe, though, that you are on the losing side here, unfortunately. Since you pulled the plug, so to speak, before the board was able to process your package, it is extremely unlikely you'll be able to use non-approval as a way out of your obligation.

What I don't understand is why you have gotten into a pissing match with the landlord about this before checking with an attorney on this question. Unfortunately, it sounds like you've now muddied the waters and stoked up the bad-will, making it less likely the landlord will be amenable to working something out.

You gave him a verbal agreement so he stopped attempting to rent the space, therefore he might have lost a month or so of rent because he will have to re-start the process which pisses him off. Regardless of the lease or its legality why not do what you can to create a win-win situation by offering 1 month rent. A little bit of fairness goes a long way. Once you call the lawyers...

How is that a win-win, kgg? If the landlord wants to be a stickler here, he will point out that rpj signed a binding contract, making him legally liable for the full rental term. This would hold up in civil court, if the landlord decided to go that route. Consider this: What if the tables were turned, and it was the landlord trying to back out of the lease? Would you not fight tooth and nails for your rights as a tenant? Sure you would.

I think rpj needs to contact his attorney to discuss this matter asap.

You're all assuming that rpj has an attorney. rpj is a renter, most - if not all - renters do not hire attorneys (even to sublet coops), only buyers do.

It might cost as much as a month's rent to hire an attorney; I wouldn't go there unless the landlord threatens to take you to court.

This is similar to breaking a lease early; in most cases you give 30 days notice and might have to forfeit your security deposit.

As for the landlord, I'd be surprised if he didn't request a deposit when you signed the lease; did you already pay a deposit?

Review the terms of your lease agreement to see what it says about this - you might have your answer there.

a contract for the purchase of real estate or lease thereof for one year or more must be in writing. There is no verbal lease concept for one or more years. Send a certified letter/return receipt to the LL stating you rescind your execution of the Lease. CC the coop board and their attorneys. make sure this occure prior to board approval. case closed.

and do not take legal advide from anonymous board schmucks. you do so at your own peril. you lucked out this time.

OP rpj stated that he HAD SIGNED a lease, so it's not just verbal. I assume that he also made payment to the owner -- but if not it's (possibly) not a binding contract. And OP only discusses the fear of being sued for damages, not return of deposit/rent.

As others have suggested, though, a RE or contract lawyer is a better resource than a discussion board.

Anyway, the owner should have the clarity of thought to realize that OP's new personal circumstances will likely come up at the Board interview, and the owner will have wasted more time and lost more income by that point if the Board declines the rental. Hopefully the people he's discussing this situation with will point that out.

Bottom line, OP: I'd mostly relax and move on, barring more specific reason to believe the owner will sue you.

You are right bramstar. rpj is an asshole. the landlord is an asshole. they deserve each other.
I hope they are both tied up in court for years, lawyers egging them on, wasting there sorry lives
on this pathetic dispute.

Anonymous--the only 'anonymous board schmuck' who appears to be giving legal advice here is YOU.

Certainly this is just my opinion but I believe since you have not taken possession or moved into the apartment you might not be obligated to the lease. I think I read that somewhere, I do beleive you will lose your down payment and security deposit. Do check with a lawyer.

Sorry, Anonymous--that wasn't very nice of me.

no offense taken. the comment includes my advice. the lease is not active in this case until ratified by the board coop as required by the proprietary lease (presumedly). coop owners are themselves "tenants" of the corporations entitled to use the space by virtue of their ownership of shares tied to a proprietary lease and any sublessee thereof is just that, a subtenant, subject to approval of the corporation.

The board didn't process your package because you withdrew before. How do you possibly get your twisted mind around blaming the landlord for you walking away?

Landlord will have damages, probably 1-2 months of rent and any listing fees. That'll be your reasonable responsibility. Coming after you for more would be silly by the landlord, but on your side what would be silly would be assuming you get any deposit back.

Also, bramstar, why the hell would you assume this guy has a lawyer?

""Also, bramstar, why the hell would you assume this guy has a lawyer?""

I don't. But he has come here seeking what amounts to legal advice so my advice is--speak to a lawyer if in doubt.

The above is proof why I just rented from a management company. I would never want to deal one-on-one with an owner. It's much better (in my opinion) if you are going to rent to do so in a rental bldg. One another board the owner wanted to charge because the caulking was wearing down in a show!!

Make sure you don't rent from qwerty