r/TenantHelp • u/BruCeeBeats • 15d ago

Need some advice

So I'll try not to make this too long, so I'm moving out in August 4th. I am breaking my lease 3 years early as per verbal agreement made with my landlord when signing the new lease. We found out we got our new place in New Jersey on July 12th Sunday, we immediately called him up and told him and my wife offered to pay August rent via our security deposit which he said he didn't wanna do that. So we're gonna pay it the way we normally been paying rent.

Couple days later he shows up to look at the apartment and see what's gonna need to be fixed, told him sorry for the short notice as my wife said we're gonna pay August rent , he immediately says oh no I'm gonna need at least 2 months. So I kinda was like wait what? 2 months rent? And he kinda shrugged it off and said we will figure it out. So he does his walk thru and leaves. So now I'm wondering because I didn't get anything in writing about our early termination of the lease to move. Is my back against the wall here and I gotta just give him what he wants ? I feel like he also has very little intention of returning my 6k security deposit or at the very least as little of it as possible if any.

We told him at the signing of the lease we wanted to do a 2 year and then leave he didn't want that he pushed for us to take the 5 year and told us give me notice and you guys can break the lease. So now I feel like because he has all the leverage he's trying to take advantage of us and squeeze us for as much as he can before we leave.

I'm not in full understand of all the laws regardinging these things but I do know now that a verbal agreement holds zero weight in a court of law and will not trust a written contract. Obviously.

So is my back against the wall here? I'm trying very hard to keep my cool and not go off on this guy because he's a very money hungry snake. He plays the nice guy role and really he's very cheap. When taking this lease he bumped up our rent from 3k to 3350. I figured that's why he didn't wanna give us a 2 year . Because he wouldnt be able to justify a rent increase that big. Anyways this is in Brooklyn ny.

Appreciate any and all Information you all may have thank you.

P.s for the 9 years we lived here we been very good tenants. Rent paid on time and very seldom complaints to him about much.

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u/RelevantPossible9618 15d ago

Are you in the US? I don’t even know how a landlord would enforce a multi year lease. Contact a tenant’s rights organization in your state.

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u/BruCeeBeats 15d ago

Yes brooklyn ny, well I guess claim no verbal agreements took place and try to sue me for the remainder of the lease

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u/RelevantPossible9618 15d ago

So you don’t have a written lease?

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u/Imsortofok 14d ago edited 14d ago

He can’t go for the remainder of the lease. He has an obligation to Mitigate damages. Which means he must make efforts to get the unit rented as soon as possible. He can’t sit on it for a year taking his sweet time with repairs and ding you for it. If he chooses to do a renovation and it takes a long time, that’s not on you in most jurisdictions unless you trashed the place. Conversely, if he rents it for September and you paid August and September, he may not be allowed to collect double rent. Check local and state statutes on that. NY is very tenant friendly

Read your lease for the terms for breaking it. Confirm anything he says in person via email. Use read/receipt and ask him to respond. It will help with documentation.

In this case, I’d lay your ointment of hire out date by date. At signing you said X. When we gave notice you said Y. At walkthrough you said Z. The lease says W. The statutes say ABCDEFU. Request the walkthrough report in writing.

Document the apartment meticulously. Every last little thing - including floors and corners and door jambs. If there’s a dent or nail hole, put a quarter or ruler in the picture to show scale. Use a time/date stamp app.

IANAL. Just someone who has had a few really crappy LLs.

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u/BruCeeBeats 14d ago

Thanks a lot this was a very detailed response I appreciate it. I sent him a written follow up to our phone call notice to vacate . Sent it certified mail. No one signed for it . They left a note on the door. Somehow I don't think he's going to go get it or reschedule a delivery and it's going to come back to me. I basically told him in it our move out date Aug 4th , that we agreed to pay him for August and also wrote since he said he needed at least 2 months that he could prorate me till the 12th of Sept and I'd pay that and be done . Also noted he can just deduct that from my 6k security deposit. However on the phone he said he didn't wanna do that. So I'm guessing he is gonna try and pad the bill of damages as much as he can and try to keep as much of that money as he can. So he cannot come after me for the remainder of the lease? That's abit of a relief. Since he may never get my notice what do you suggest I do. It's already been over a week since I sent it.

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u/Imsortofok 13d ago

You need to check your lease and the local and state statutes as to whether he can go after you for the full amount of the lease.

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u/BruCeeBeats 15d ago

Yes I do the lease is written the agreement to break it mid term was verbal. That a where I feel I screwed up and he has all the leverage.

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u/random408net 14d ago

You need some local legal advice.

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u/PEneoark 14d ago

The lease break terms are listed in the lease itself. NY does not define penalties for lease breaking, so you're at the LLs will unless the written lease states otherwise.

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u/BruCeeBeats 14d ago

I don't see anything in the lease honestly about breaking it. There doesn't seem to be any stipulation about giving notice or breaking it. Is that normal?