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LegalKnowledge
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Roth, Thompkins County NY State. I have a copy of the lease

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Paul Roth, Thompkins County NY State.I have a copy of the lease in question from our previous call and have reviewed it and am ready to discuss what rights my son has. I have reviewed the lease and see no indication of a clause stipulating that rent must be paid even though no rent has been paid and moving in has not and will not happen. There was some indication in our last chat that we might have some way out of this situation. What are the next steps?Reminder he was a first-time renter, he was lead to believe he was only paying a deposit but as it turns out was a lease. After a breakup with his girlfriend who is also on the lease they decided not move together to Ithaca NY. They have only paid the deposit, no rent as of yet and have not move into the apartment. In our last conversation, you mentioned that based on NY Law there might be some way out of paying for a lease they will never use. So far, I seed nothing specific in the language of the lease that indicates that the deposit itself obligates them to paying for the entire year. I simply want to protect my son from this unfortunate set of events and we have until the 18th of this month to either pay rent or send an attorney.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Did you speak with an expert over the phone?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
I need to know if there is anything to the idea of no obligation in NY State if no rent paid or no move in? Then if it makes sense we can talk.

Thank you and please allow me a moment

Customer: replied 1 month ago.
Sorry I did not speak with an expert over the phone. I did a chat.

They would need to try and find someone to sublease and bring a ready, willing and able tenant to the landlord, to step into their shoes and take over. I say this because the deposit could be viewed as consideration and if there is a signed lease, it could be valid, with the first months rent due, as stated in the lease. If it is not paid, the burden shifts to the landlord to take action and sue or try and find someone and sue for the time it remains vacant.

Customer: replied 1 month ago.
Not what I wanted to hear and not what others have said and not what the last chat person said but I respect you opinion and keep looking for the way out I was told I might have.

I do understand. What way out did they tell you he had?

Customer: replied 1 month ago.
In NY State attorney's have said to my wife and the last chat person implied that there may be some recourse if the rent has not been paid and the residence has not been occupied.
Customer: replied 1 month ago.
I secured the lease on advice from last chat to secure a copy of the lease and see if there is a stipulation in the lease that says that the way out was specifically prevented and I have found none.

Yes, that was if the rent was a condition to the lease. For example, if the landlord said that the lease and first months rent need to be returned. If the rent was never paid, you could argue there was no consideration. However, if they signed the lease and gave a deposit, it would be valid with the first months rent do when owed. The other suggestion was possible a clause in the lease, that would allow them to terminate it with a penalty of some type paid but if it is not, you can always have him offer a penalty fee to break it and see if they will accept it.

Customer: replied 1 month ago.
That may be it. I will visit a local attorney to make sure. Thanks.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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