I have a lease with a management firm in NYC. I had some cash flow issues, so was unable to pay my rent, so I called the management firm to discuss what their policy was and alternatives. I was due 20k in 3 months. I spoke to a girl and she said no problem but to put it in writing. I wrote the letter, explained the situation and put my email and best ph number to contact me on. I didn't hear anything back. I resent the letter. I also called and left several ph messages. no reply. I received the usual bill from the management requesting rent that they send each month. I called and left a message as I still hadn't heard back. Then in my mail box i received a letter from a law firm requesting payment, it had been backdated and there was no stamp. I received on the week end another back dated letter "rent demand notice" and the door man told us to call the management. Which I did twice and left a message. Today workmen let themselves into the apartment and tonight I received a "Notice of petition-non payment Dwelling" But for more than the money I currently owe in rent. I still wont have the money to pay all the owed money for rent for march april and may until the end of may, as I had told them. Will they accept money at the end of the month and let me stay till the end of my lease if it is paid on time? what can I do to resolve this amicably? do I need to move out tomorrow? this week?and if so do I still have to pay the rent after I have gone? I don't think I could afford to pay rent on two places at the same time. What is the best way to handle this? Thank you
State/Country relating to question: New York
Writing, calling trying to find info online.
I need an expert in New York City tenant rights law, my understanding is that NYC has very different laws to the rest of NY and other states.
I lived and practiced in NYC for 5 years and the only differences in NYC landlord / tenant law from other places is that there are parts of NY that still have rent control and NYC has its own housing court to handle these issues rather than using the local district court for eviction proceedings. In your situation you would have had to get something from them in writing pretty much amending the lease terms in order to be able to hold them to what the girl spoke with you about on the telephone (it sounds like you were not speaking with anyone who had authority to make this kind of revision to a lease agreement). If you do not pay your rent the LL can give you a notice to quit the premises or pay rent and if you do not pay and they want to evict you then they have to sign the matter up in housing court and ask the judge to set a date for you to move out if they are unwilling to let you to stay in the place for the payment of the overdue rent (you will still owe the rent money whether they let you stay in the unit or not). So, at this point the LL may move towards a formal court eviction proceeding unless you can speak with someone who actually has the power to make these kinds of arrangements with tenants and they will agree to wait until the end of May to be paid the rent. If they are unwilling to wait they do have the right to evict you.
13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
should I offer to move out? would i still have to pay rent until the end of the lease even if I am not living there?
You will be responsible for the full amount of lease payments through the expiration date of the lease -- but if they get a tenant into the unit before the end of your lease term they must give you credit for that tenant living there and deduct that from the amount of money they claim you owe on the lease (the court will require that they do this). Whether you want to offer to move out is up to you -- but if they take the matter to court they can still tell the judge that they want you to leave even if you pay them the full rent money that you owe (it is a 50/50 chance that the judge will permit an eviction order if you pay up on the rent and have a valid reason for the late payments -- and completely up to the judge).
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even if you are evicted I would have to pay for rent till the end of the lease?
Yes -- unfortunately that is one of the reasons why these management companies make you sign a lease for a year or more -- because they know that these are the remedies that they are entitled to under the landlord / tenant laws. Non payment of the rent is a breach of the lease and when the contract is breached there are penalties involved -- and that is the major penalty for tenants who leave early -- whether on their own or by being evicted. The one saving grace is that in NYC, units do not remain vacant for very long so the odds that they will find another tenant before your lease term is up are pretty good.
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