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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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RCW 59.18.200 Tenancy from month to month or for rental

Customer Question

RCW 59.18.200
Tenancy from month to month or for rental period—Termination—Armed forces exception—Exclusion of children—Conversion to condominium—Notice.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Does this apply if I am no longer going to be needing a room I have signed an agreement to starting August 28th 2016
JA: Have you talked to a lawyer yet?
Customer: Nys
JA: Anything else you think the lawyer should know?
Customer: Nope
Submitted: 3 months ago.
Category: Landlord-Tenant
Customer: replied 3 months ago.
i signed a lease but changed my mind.
I paid $150 in cash for storage fee
My dad paid $500 with check for housing deposit.
Here is a copy of the binding portion of the lease agreement.
I'm willing to provide the full lease agreement for further information on that.
LEASE AGREEMENT
1. DATE
​This within Lease Agreement (hereinafter “lease”) is made on_________________.
2.PARTIES
​This Lease is made by and between Maneates Enterprises LLC, a NY Limited Liability Company whose mailing address is: 1807 Federal Hill Rd #1, Delhi, New York 13753.
Email:***@******.*** (Herein Landlord) Maneates Enterprises and the following Tenants:
TENANTS NAMES, HOME ADDRESSES, PHONE NUMBERS, & EMAIL (print clearly)
1. Jack Douglas (*****@******.***)*****
WEST ISLIP, NY###-##-#######) ###-####______________________________________________________________________
2. Lac Van (*****@******.***)
160 N. Main St. Apt. 52A,
NEW CITY, NY 10956(###) ###-####________________________________________________________________________
3. Tom Downey (*****@******.***)
16 Peachtree lane,
GOSHEN, NY 10924(###) ###-####
________________________________________________________________________
4.
Robert(4th)_________________________________________________________________
3. RENT
The rent shall be $11,000 per semester for four (4) persons ($2,750 per student per semester). Checks made payable to Maneates Enterprises. Payable as follows
Non Financial Aid with Proof:
1-Check $600 security, dated day of lease signing
2-Check $500 non refundable rent deposit of fall semester dated day of lease signing
3- Check $1,125 (50% of fall lease rent) post dated 6/12/2016
4- Check $1,125 (50% of fall lease rent) post dated 7/12/2016
5- Check $2,750 post dated 11/18/2016 which is full spring semester rent
Financial Aid:
1-Check $600 security, dated day of lease signing
2-Check $500 non refundable rent deposit of fall semester dated day of lease signing
3-Check $2,250(balance fall rent) post dated 9/9/2016
4-Check $2750 (spring rent) post dated 1/27/2017
The Landlord need not give notice to pay the rent. The rent must be paid in full and no amount subtracted from it. The Tenant may be required to pay other charges to the Landlord under the terms of this Lease. Payment of rent in installments is for the Tenants convenience only. If the Tenant defaults, the Landlord may give notice to the Tenant that the Tenant may no longer pay rent in installments. The entire rent for the remaining part of the Term will be then due and payable. Working with students on Financial Aid is a favor to students, as most landlords do not work with payment plans. Any misrepresentations about a student’s financial aid will be considered a breach of contract, and will result in termination of lease, with both semester rents due in full, regardless of the day of lease termination.
​If the Rent is not paid within three (3) days from the date it is due it will be considered late, and a late fee in the amount of $100 will be assessed for each such late payment. Unless tenant makes arrangements.
​If the Tenant makes any payment for rent by checks which are returned to the Landlord for insufficient funds or for any other reason, there will be a service charge of $100, plus any banking fee incurred by the landlord, which will be payable to the Landlord by Tenant upon return which shall be considered additional rent. See individual tenant financial detail addendum attached.
4.Term
​The landlord will lease the Premises, as hereinafter described, to the Tenant, For SUNY Delhi fall 2016, and spring 2017 semesters. The fall semester begins on Sunday,12:00 noon August 28, 2016, and end on Saturday 10am December 17,2016. The spring semester begins on Sunday 12:00 noon January 22,2017 and end on Saturday 10am May 20,2017. The lease will not include the times during which the school dorms are closed. As follows (Subject to school schedule changes):
​-Sat 10am Oct 8,2016-12:00 noon Tues October 11,2016
​-Wed 10am Nov23,2016-12:00 noon Sun Nov 27,2016
​-Sat 10am Feb 25,2017- 12:00 noon Sun Mar 5,2017
​-Sat 10am April, 8,2017- 12:00 noon April 16,2017
These are firm, unless the student makes other arrangements. While the rental unit is closed during the breaks, the heat is down, and that is how we figured the heating allowance.
Please help.
Customer: replied 3 months ago.
I no longer need the housing. I am no longer returning to SUNY Delhi in the fall of 16 or of the spring of 17. I need help to find a way out of this lease agreement. What do I say to my landlord.
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Unfortunately, you are going to be bound by the terms of the lease agreement that you signed. (The RCW code section that you cited is Washington State law, and even in WA State you would still be bound by the lease contract).

What happens if you terminate a lease early in NY is that the landlord is entitled to hold you responsible for the rent until (1) the end of the lease term; or (2) the landlord finds a new tenant to assume the lease.

The landlord must make "reasonable efforts" to find a new tenant, meaning they must not turn down reasonably qualified applicants - but they are not required to adjust their rental requirements (it appears this is for on campus housing, so the university is not required to rent to non-students, or otherwise adjust requirements for living on campus).

You can try to minimize your liability by giving notice as early as possible, allowing the landlord the maximum amount of time to find a new tenant, but unless there is a specific cancellation clause somewhere in your lease you (and possibly your parents if they signed as co-signers) will remain liable for the lease (there may be one - there are a few on campus housing programs with certain universities that do have such clauses, but you are going to have to review your housing contract thoroughly to find it - the school is not required to do this, and any such protection is given to you over and above what legislature provides).