landlord

Is the landlord actually "breaching" the lease or using an unexpected provision?

I have not found any express provision in the contract that indicates landlord has the right to terminate lease before the expiration date. He is calling the breach a "transfer"

For instance, in a condo, the boiler Blumberg lease form says that if owner is going to sell the unit, he can terminate the lease. Or if the owner is in default with his bank, the bank in a foreclosure can have you removed. Read carefully.

But if all it is is a transfer, nothing to worry about. Even at the end of your lease, if you were to be a holdover, he'd have to get the court to have the sherriff throw you out on your ass ... that of course isn't advisable because you'd end up with other serious civil repurcussions. But the point is, you can't just be kicked out, there must be a court ruling and sherriff action. And that ain't going to happen if he doesn't go to court, and it also ain't going to happen if the agreement doesn't provide a reason for it to happen.

Who is the landlord? What part of town?

Because Landlord is not renewing our lease renewed, and because he has an available apt he wants us to move into, and he is pressuring us to make this transfer in a week, even before Labor day, with about 8 days notice, and 10 weeks in advance of the termination date of the lease. If we say that we want to remain in our apt through the date of our contractual lease, I know that's possible, but at the same time, then he could just say -- okay, leave. You didn't take the transfer, when I offered it. So you're out.

Well, you only do have a lease for 10 more weeks. You shouldn't presume any extra rights just because you are a nice guy or gal.

Clarification -- We are legally entitled to stay in our apt until the lease termination date under provisions of the lease, but if we do so, then we risk that he won't keep the downgrade available.
There are no protections for deregulated apartment dwellers, even with paying huge broker fees. We've only been at the current space for
less than 2 years, and now this.

Well, it sounds like you have a choice. What kind of advice do you seek?

In response to your comment: when we were negotiating the original lease, the broker/agent orally misrepresented to us that as long as we pay our rent, we would obtain lease renewals. We relied on that, and even had custom furniture made to fit the space. Because I was in a severe car accident and became disabled, it was important for us to know we had some security, based on the the represntation of the agent/broker. I have no intention of litigating this, even though there was a misrepresentation. It's just corporate greed out of control, to kick out standing tenants because someone offered more money for the space. But it appears we have no recourse.

If you decide you want to accept the transfer and move into the downgrade now vs the end of your lease, negotiate some concession e.g. reduction in rent, option to transfer to next available apartment that meets your liking, 2 year lease etc. To some degree, you are in the driver's seat in regards to vacating the apartment early, so use it to your advantage. It's his right to not renew, but you can make the most of it.

Thank you for your suggestions.

I am sorry you are dealing with inflexible landlords and dishonest agents. But signing a one-year lease, why on earth would you think you had any rights beyond that year? Whatever the agent "represented" to you was talk, which, as we all know, is cheap. You have no obligations to your landlord beyond that year (and have the right to move out if, say, you think you can get a better place cheaper). Similarly, your landlord has no obligations to you, and happens to have a better use for the space.

I am not trying to make light of your situation - this sucks. But other than a real estate agent talking out of his ass 2 years ago, I don't see how it's anyone's fault, and certainly not the landlord's.

There is no such thing as an oral representation or oral misrepresentation.

Also faye, it is not corporate greed for someone to maximize the value of his asset. You certainly had the opportunity to purchase a property but for your personal reasons and circustances you chose the option to rent. All options have pluses and minuses.

You have no recourse against the landlord because the landlord isn't doing anything wrong. And the broker, while he or she did do something wrong, is matched by your improper acceptance of that wrong (some call it wishful thinking, turning your head to inconvenient detail, failure to do due diligence, or failure to seek appropriate counsel).

I'm sure you won't make a mistake like this again, however, and no longer rely on oral representations, seek longer-term leases if that is what is required for your circumstances, or consider purchasing if that mitigates the risk of some of the downsides you found in renting.

Goodnight.

That agent REPRESENTS the building management. We signed the lease with him, and there were other provisions he waived orally - the building is pet friendly but the lease says no pets. Believe it or not, some people would never think of kicking standing tenants out of their apt just for profit. It's legal but not moral, particularly when representations were made to get us to sign.

If you choose to look the other way and ignore black and white, you can't then claim to be victimized, I think that is dontuseslenda's point. You could probably claim that you are being immoral because you are complaining about wanting to not living up to the bargain you agreed to in writing.

I'm a litigator. If I represented either the broker or the rental company, I'd tear you apart without a sweat - you have no case.

To dontusesplenda -- if you look up "parol evidence rule" and exceptions, in Blacks Legal Dictionary you can learn all about misrepresentation. The facts don't indicate that the landlord was moral. Not giving the tenant adequate notice during the last two weeks of August on a lease that isn't up till late October is unethical. Thank you for a lively discussion, and thanks to all for comments and help.

One additional comment: I was busy having operations -- no money to purchase. Funny, the assumptions that are made.

Just because I'm still here I'll comment on that last post ... I love when people who think they know something about the law pull up law books as their support but have no practical experience.

After all, the more bad "law" that people think up, the more I get to litigate and make money, and the more likely I am to win.

Also, if I reread some of the discussion here, the landlord didn't give you inadequate notice. You yourself stated that you have 10 weeks to vacate. You have a short window to switch apartments with a renewal. But since you were never entitled to a renewal, you have significantly more than adequate notice of the landlord's exercise of its rights.

to bc242: you wrote: you are complaining about wanting to not living up to the bargain you agreed to in writing.
What bargain -- if you are indeed a lawyer, why did you not look more closely at the facts, as we lawyers are trained to do?
We did live up to our bargain.

Sounds like you have no case, no recourse, no nothing. And since you are a lawyer, you should have known better, which makes the case that much more easy for the broker and the landlord.

Sorry if you want empathy, but you struck a bad bargain and what you are experiencing now is simply one of the potential outcomes of that bad bargain.

DEar bc242: It is late, and the comments are jagged. Here are the facts, and by the way, I am a lawyer, dear esquire.
Just yesterday, we were told to transfer to a downgraded apt by Sept 1. Our lease does not expire until late Oct.
And no matter how you slice it, that's not right.

"not right"
did you learn that in law school?

You specifically stated that you had the right to continue in your apartment until late October. You are not being compelled to move now. Sorry.

My point exactly: whoever enters a 1 year lease has no recourse, no matter what! How true that is.

bc2442: you wrote" "not right" did you learn that in law school?

I bet you have road rage too. It's easy when it's anonymous, huh?
good night.

Faye, you said, "why did you not look more closely at the facts, as we lawyers are trained to do?"

So let's do a recounting the evolution of your positions on the matter:

Yesterday landlord said he was breaching our lease
He is calling the breach a "transfer"
If we say that we want to remain in our apt through the date of our contractual lease, I know that's possible
We are legally entitled to stay in our apt until the lease termination date under provisions of the lease
There are no protections for deregulated apartment dwellers
It's legal but not moral
But it appears we have no recourse
by the way, I am a lawyer

I don't drive.

It seems faye that you believe that since you were in a car accident that people should feel pity for you and treat you specially. That is nice thinking.

If I was in the same situation, I would just get out of there entirely and find another apartment. Tell them you're giving them notice that you will move out in October and use the 10 weeks to find another place, with terms more suited to your situation. The $5,000 is a sunk cost to some extent, although it did help buy you an apartment you like for 2 years, which is certainly worth something.

My 2 cents.

PS to the "renting is better than buying" people: This is an example of one down side to that argument.

bc2424-

Not only are you parasitic laywer - you are an insentive ass. You don't drive. You don't take cabs or town cars. C'mon, of course you do. You must be a real second rate hack considering the logic you've demonstrated on this thread. People should feel pity for you.

Two good things to pull out of this

1)The only true words you will ever hear a realtor say are "I'm full of shit"
2)The right of renewal is a great thing for rent stabilized tenants and if we had stronger rent regulations the OP would have been protected by that (for she would have been stabilized).

I don't have any trouble sleeping at night kgg.

I actually don't create problems. I solve problems. People create problems, get into messes by either being negligent or belligerent (and often one creates the other). Then they call me when it gets out of hand for them. I solve their problems, or prevent them from being taken further advantage of.

faye, while probably a nice woman who got into an unfortunate accident, acted naive and negligent. She entered into a lease knowing full well that the only bargain she had struck was the right to live there for one year, and only a potential, but no right whatsoever, to continue on further. Then when one of the logical outcomes of the bargain occurred, but it was one of the logical outcomes that was of less convenience for her (I'm assuming that faye is a woman).

Where does it become someone else's fault?

The landlord on the other hand entered into a lease for one year, knowing full well what his options and risks were. If the landlord were unable to find another tenant and faye decided to move for whatever reason, would that be grounds for the landlord to cite himself being wronged? I doubt you think so.

Faye believes she is entitled. Not because she struck a bargain despite being a lawyer and knowing full implications of the contract. But only because she is a nice woman who suffered some setbacks. But the world isn't about entitlement. It shouldn't be about entitlement from the government, but certainly should be about entitlement from a private landlord.

I don't drive.
I do take cars, cabs, subways, etc.

By the way, kgg, I find it interesting that you criticize my logic, but offer no alternative logic. In fact, faye herself has been unable to come up with any alternative logic, which is why she is appealing to emotion and asking for pity.

And lastly kgg, when your anger overtakes your rationality in some of your personal or business dealings in the future and you need someone to help you out prior to litigation or in litigation, I'll be more than pleased to take your call. And I know you'll be grateful to have the opportunity to come to someone who has the skill to dig you out of your self-inflicted messes.