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Question re Real Estate Law/Renter’s Rights

On August 1, 2008 / By Real Estate Law Help / In Real-Estate-Contract-Law

I signed a 12 month lease beginning 4/1/07. The lease terminated, but w/out any oral agreement or anything, I continued to send rent checks and continued to live in the apt. a 1br in NYC.

On May 1, 2008, I was admitted to hospital, and stayed through 6/28/08. On June 14, 2008, landlord was notfied via family member that i would be vacating. I paid full June rent. The landlord was not able to show the apartment b/c she was not able to reach me to ask permission. however, while she tried to contact me at work, and via other ways, she did NOT try my cell phone for some amazing unkown reason.

there were other damages, whcih i’m fine w/the associated deductions. she ended up saying she lost a month b/c she couldn’t show the apt and didn’t get the keys until 7/2/08. i said she should have her own keys. she’s the landlord after all!! i would’ve given permission to show the place of course.

so, w/no contract, was i liable for that last month’s rent? (full july?). she’s holding me accountable, even though i left 7/15/08. her argment is that i couldn’t be reached to give permission. to me, this is bS, since she didn’t even call my cell phone.

she also included medical costs associated w/cleaning lady’s injury gotten in my apt after keys returned. is that crazy or what?

2 Responses to “Question re Real Estate Law/Renter’s Rights”

  1. open4one said:

    Feb 05, 09 at 8:20 am

    In most states, NY may or may not be one, you would be responsible for the entire month of July. In the absence of a current written lease, you’re responsible to the end of the next full month following giving notice.

    The injury bit is preposterous. Tell her you’d be happy to let a judge tell her so.

  2. Barry_C said:

    Feb 05, 09 at 7:33 pm

    you had a month tom month lease. My understanding (a related issue came up for me this year) is that whether or not you owe full months or can give 30 days notice at any time is entirely jurisdiction related and depends on local laws, and perhaps on what the lease says on the topic if anything.

    my own attorney and my prior landlord disagreed on the issue, it is still unresolved here in California for me.

    In any case, if you are out, and you didn’t pay from 7/15 to 7/31 and you have no security deposit concerns, then don’t worry about it much.

    Landlord is probably bluffing - she will not sue you. you owe her nothing about any injuries. stop taking her calls and she will go away.

    I am sure laws are very pro-tenant in NYC - surely there are agencies or mediation boards that you can call up and get solid comforting advice on.

    But basically, next time she calls tell her she must only correspond with you in writing and I am sure you won’t hear from her again.


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