Help please: does anyone here know about breaking leases?

tkshredder

My wife and I recently transplanted to Prospect Heights last fall, and quickly realized we made a huge mistake after signing a one-year lease on a brownstone. The block itself is a nice place (Prospect Pl between Vanderbilt and Carlton), but our intolerable landlord, who happens to live directly below us, has pushed us to the point that we are now in the hunt for another apartment.

My question is, does any here know the proper way to break a lease? Or have some quality links on the subject? We're trying to get a better understanding as to how this works and what our rights are.

We've taken good care of the place during our stay - cleaning it far and beyond the condition it was in when we moved in. No nails on the wall, no chipped paint, just good respect. In short, we'd be giving the place back in better shape than we received, and with little work required.

Main reasons for moving:
- landlord is a suspected drug dealer - constant traffic downstairs
- brownstone absolutely stinks of cat urine
- loud talking / music at late hours from downstairs (again, the landlord's area)
- threatening / discriminating / insulting remarks (eg, "motherfucking stupid white assholes", "there's going to be a bloodbath", "no respect motherfuckers")
- lack of heat during winter * (due to closed vents to prevent cat urine smell saturation)
- cockroaches

We're willing to sacrifice the deposit - we suspect that Mr. Shady downstairs would not give this back anyway.

Thanks in advance for any and all help the community has to share on this subject.

japes317

I broke my lease recently with not much of a problem, because I had a psycho living below me. I basically stated that her constant harassment was a violation of the Warranty of Habitability (you should look it up to get a better idea of what it is). I wrote a really official-sounding letter and I think it kinda freaked my landlords out, so they let me go. You can find templates online if you look them up. I think that all of the things you cited would have to be some kind of violation of the warranty of habitability, especially the threatening remarks.

tkshredder

Thanks, Japes. Harassment is certainly one of the leading clear reasons we think we can get out of our place.

I took a quick look at Warranty of Habitability and I'm sure we can come up with examples of several violations. I haven't reached the point of actually recording the remarks via an audio recorder but generally speaking, it's very much an ongoing thing.

The bigger difficulty we face here is that, for any apartment-related issue, standard protocol is to contact the landlord. In our case, it's the landlord that's the problem. The few times we've spoke, he just goes on and on about all kinds of problems he has with us and the world, and does not listen to what we have to ask. Requests we have made in the past have gone unanswered, such as a set of keys for our side railroad-style entrance (minor, I know, but it's little things like this that stack up and eventually we realized that contacting him about anything non-critical will go unfinished).

bohuma

I broke a lease once, and got my security deposit back, but that was by negotiation with the landlord. In that instance, all they wanted was permission to show the apartment and for me to vacate early enough for them to re-let it for the first of the month. I got the same broker who got the apartment to find replacement tenants. If you used a broker to get this apartment, I would go back to them and tell them what's going on.

From what you've written, I doubt that your landlord is going to be too cooperative. If you think he's going to report your defaulting on the lease to the credit bureaus, you might want to get a lawyer involved. If you don't think that's going to happen, you could just pack up and leave. I'm pretty sure that a non-white making racist slurs against a white person is just as illegal as a white person making racist slurs against a non-white.

tkshredder

Sadly, our attempts to contact the broker went unanswered. This was a couple weeks after we moved in, after our first real incident which involved the landlord calling me while at work to chew me out for making too much noise / disrespecting the place. It's still worth rattling their chains though.

Good point about reporting the default to the credit bureaus. I'm guessing he could probably do this by phone? I don't think the guy leaves his apartment at all - everything is brought to him - so if he had to report in somewhere in person, we'd probably just fine.

In our case, a 30-day notice to vacate could be arranged.

For what it's worth, sounds like I should start working on getting some sound clips together.

bohuma

I think he has to be a subscriber to the credit bureaus to file a default report with them. Did he do a credit report when you applied for the apartment or did the broker do it for him? If you're having a problem with the broker, try contacting the Real Estate Board of New York. Theoretically, the state Attorney General regulates real estate brokers, but that's probably a joke.

A lot of the tenant lawyers around town seem to specialize in defending the rights of regulated tenants against landlords trying to get around the rent stabilization laws, they should still be able to help though - for a fee.

landlord

What a nightmare! Im surprised you are still living there. As hard as it is for you, im sure its much harder on your wife.

You should look for another place right away and during this time try and record some of the remarks from the landlord. When you find a place tell him you are leaving and don't pay the last months rent (i doubt he will give you the security deposit). If he threatens to take you to court, just show him a copy of your harresment recordings and threaten to take him to court for harresment.

However, if he does take you to housing court it will be a huge blemish on your record. Even if you win!

You can find the nicest apartment and the nicest landlord....but if your credit check shows any hint of being in housing court for whatever reason...you will have a very difficult time getting a place.

tkshredder

We did the credit report through the broker, which was a Century 21 branch located in Park Slope. I'm guessing that since he requested them, and this is his only building, that he probably doesn't have an account with the credit bureaus, and just goes off of what the broker reported to him.

We recently heard of a tenant lawyer group that charges $25 for an initial consultation. I think that's a fair price, and we intend to contact them or someone similar before we make any moves. If anything, it's going the extra leg to get a lawyer should we need to defend our actions.

tkshredder

landlord wrote:
You should look for another place right away and during this time try and record some of the remarks from the landlord. When you find a place tell him you are leaving and don't pay the last months rent (i doubt he will give you the security deposit). If he threatens to take you to court, just show him a copy of your harresment recordings and threaten to take him to court for harresment.

That's our plan right now - looking at a place today. It's the start of moving season around town, and I'm sure lots of good places are showing up on the market.

Regarding court, I don't think this guy would ever show up in court. He has a very poor standing with the law (been picked up several times - this coming from himself), and if anything, this is good for us.

landlord wrote: You can find the nicest apartment and the nicest landlord....but if your credit check shows any hint of being in housing court for whatever reason...you will have a very difficult time getting a place.

Good advice, was not aware of this.

hitokiri

Or, if you feel you wont get it back, you can always NOT pay for your last month of rent while you look for a new place.
Dont even use him as a reference if asked. And when you find a new place, just move out in the middle of the night lol (like the Dodgers did!)


of course thats the wrong way of doing it, but maybe hes not bright enough to even know about the credit stuff

modsquad

Regarding LL/tenant Court. There was a class action suit I think in 2004 that was won by the tenants that said any housing court info needed to state the reason for the reporting of tenants to the data bases. Too many times actions are begun and never followed through with yet they were reported. The point is that any action that was not adjudicated was prohibited from being reported on.
I suggest you make up a story of why you can't pay, offer to sigh a one paragraph agreement that null and voids your Lease dated such and such between you and him and leave. This is good for him because it gives him immediate possession without the usual 3 day notices, going to court and then getting the marshal to serve the eviction notice. Uncontested this would take approx. 2 months. Plus a few K.

modsquad

Oh, forget about recording his "harassment". LL/Tenant is not set up for "evidence". Only paper. You need complaints from other agencies for that kind of stuff. Police reports, lack of heat reports, no hot water reports or noise complaints. If you want to go the length with his verbal abuse you have to file a complaint with the police, no judge in LL/Tenant is going to consider that as "evidence" unless you have a police report with a court decision.

dominodo

I believe the law states that if you wish to leave before your lease is up and you find someone willing to take over your lease and they pass a credit check you can then give your notice and leave. When you break a lease you are generally responsible for whatever rent would have been paid through the end of your lease, once you find someone ready and qualified to take it over you are off the hook and it's up to the landlord to accept them or not.

Alternatively, let him know that if he gives you any shit about leaving he can expect frequent visits from the boys-in-blue regarding the drugs and threats.

I had a situation once where I didn't want to have to move, but I did have a lot of repairs and maintenance that needed to be done ( paint, intercom, spare key, radiators, etc..). I told him he could either fix my apartments issues or I'll have the building inspector inspect everything that was wrong in the public spaces and basement. My problems were solved that week.

mantic

from what you are saying it sounds like he is trying to get rid of you. have you point blank asked him if he wants you there?

tkshredder

mantic wrote: from what you are saying it sounds like he is trying to get rid of you. have you point blank asked him if he wants you there?

I would if I ever saw him. He never comes out of what I can best describe as a dark cave, and would require me to get him outside first.

Through overheard conversations, other tenants in the building and I have both heard that the landlord only rents out to white people - to keep police away from the building. Despite having a lot of problems with the previous white male tenant - similar unwarranted complaints about noise - the landlord would not kick him out because he kept paying rent. Sounds pretty desperate to me.

bluemagoo

Just get a new place to live & move. Stiff him for as much rent as possible. If he tracks you down tell him to sue you or if you feel like it just send him the rent you owe him and that should be the end of it. Just don't let him get wind of your plans if he's as bad as you say. I moved out between two major snowstorms back in '77 when we had enough of our first apt. in Flatbush, FWIW, and the owner contacted me all pissed off & threatening so I sent her a letter with the remaining rent lease I owed minus the security deposit & that was the last I heard from her.

tkshredder

Yeah I don't think he's the type to really follow up on people, rather, would have people coming for us.

Either way, we're totally looking for a place now!