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C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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hi i made a contract with my landlord and we made a lease agreement

Customer Question

hi i made a contract with my landlord and we made a lease agreement and we were agree on that if i would brake the yearly lease before a yeari would pay $200 each month (200 * 4 months= $800) panlty witch is fine with me,however my land lord now dont want to to let me go and i dont know what should i do to legally in order to move out!!! he holding $4000 as a deposit and i know that he is not planing to give it back to me,we wrote all those details on our lease,there is no minimum time rent lease so i can legally brake it so it appear !!! but he teling me "im holding all the cards" and he force me to stay there eggiest my willing he say that he dont remember that was the agreement
Submitted: 8 years ago.
Category: Legal
Expert:  C.Fortunato replied 8 years ago.

If you have a written lease, it is considered to contain the entire agreement between you and the landlord. Anything that was orally agreed to but not contained in the lease is not enforceable unless both parties admit to having made the agreement. (This is a basic rule of contracts.)

In other words, if the landlord does not admit to saying you could move out at any time, then you will be responsible for the rent until the end of the lease (unless the landlord rents the apartment to someone else.)

If I have fully answered your question, please click on the "ACCEPT" button, as per your agreement with "JUST ANSWER." If you need further information, please let me know.

Thank you!

Customer: replied 8 years ago.
well ... the lease is for a year however we added a continuation to the contract that incase im (renter)
wants to move out i will pay $200 each month(month to month) that i acutely lived at the house(for example 4 months*$200=$800 panlty ) ,and its on writing on the contract there is no minimum lease time that i have to be at the house !!! and my question is if he holding $4000 as a deposit and im not going to pay him this month legally if its the right thing to do or its better to Sue him or what can or should do to get out of that situation cause he is holding me as an hostage and its not fair and i wouldn't take the house if that was not the deal
Expert:  C.Fortunato replied 8 years ago.
I have never heard of a lease agreement calling for a $200 per-month-for-the-length-of-your-stay penalty clause for when you move. It is highly unlikely that such a clause would be enforceable. Penalty amounts have to be in proportion to the damage the landlord sustained by your breach of the lease. And in your situation, there would be no breach, because there is no term on the lease. This means you can move out at any time after giving the landlord notice.
Tenants are supposed to pay the last month's rent, and then get the deposit back after moving out, but many, if not most, tenants do not pay the last month's rent, as there is really no penalty for this.
Customer: replied 8 years ago.
ok,the lease is for 12 month,however we add a section that explain that if the renter will be interested to brake to lease i(renter) will pay $200 each month that i have actually lived at the house and d.t.w that was the porpose of that section if i would know that i have to stay at the house for 12 month i wouldn't take the house ,the landlord ask 2000 dollar each month instead 1800 in a year lease (witch is the same) regardless if u have been heard about a contract like that or not isn't that two side can agree on something that work for them both?! thats the reason to have everything on writing !!!
any way i gave him $4000 deposit ,and im living here for 3 months all ready since he is holding me as an hostage here i guess i have to stay here (as i see it his a bully that dont respect his word), the question is how to act face to that situation, $4000 equal to 2 month rent sooo to pay him or not to pay him 2 months any way all of that situation cause me financial damage i have planed to move to cheaper place and now i cant ! how can i force him to pay for that !!! it sims that the landlord holding all the cards i have rights too?! dont i
Expert:  C.Fortunato replied 8 years ago.
Two parties can contract to anything they want, but a court will not enforce terms that are grossly unjust to either side.
So, you are saying that the agreement was that if you stay for less than 1 year, then the rent is $2,000 per month, and if you stay for 1 year, then the rent is $1,800 per month? If this is correct, then it is different from what I understood, and I think this is valid.
In either situation, though, you are supposed to pay all the rent due, and then get the deposit returned to you.
That is what you are supposed to do, but many people don't do that - they just don't pay the rent for the last month or two, especially if there is reason to believe that the landlord is not going to return the deposit.
If you do decide to pay the rent for the last one or two months you are there, and the landlord does not return your deposit, you can take him to Small Claims Court.

If I have fully answered your question, please click on the "ACCEPT" button, as per your agreement with "JUST ANSWER." If you need further information, please let me know.
Thank you!


Customer: replied 8 years ago.
i have heard that small claim court if u win its hard or even impossible to collect so it sims as a wast of time
Expert:  C.Fortunato replied 8 years ago.
It is hard when you do not have any financial information about the other person, or if the person has no money and owns no property. You know that your landlord owns property (the house or building that you live in). You can get a lien on his property if you win in Small Claims Court.
Customer: replied 8 years ago.
thank u .....
Expert:  C.Fortunato replied 8 years ago.
<p>You're welcome. If my answer was helpful, it would be great if you clicked on the "ACCEPT" button!</p><p>Also, let me know if I can be of any further assistance.</p>