Legal Question in Landlord & Tenant Law in New York

I was renting a unit in Brooklyn - I have a lease signed by my landlord through October 1st 2010. I received a letter from an attorney representing my landlord in January saying that he was selling the building and that I needed to relocate. I was in negotiations with the attorney settling on a fee for the termination of my lease and my relocation. We agreed on 4.5 months (all conversations I have in e-mail form). The agreement was drafted, I signed and returned to my landlord. Meanwhile I relocated to another apartment (with my schedule I needed to move by April 1st as it would be impossible for me to relocate over the summer). I moved based on the understanding that the situation had been mutually agreed upon and that I would receive the 4.5 months at the earlier of the sale of the building or 1 year from my moveout. It is almost a month since I have moved and my former landlord is now saying that he will not sign the document. He has not given my security deposit back. He also says that he does not have a copy of my lease and that I was in a "lease of convenience" (seems silly to me since I have a copy that he signed) which means that I don't have any grounds to hold him to the lease. He has since fired his lawyer and would now like to meet with me to "negotiate". Do I have any claim that he agreed on the 4.5 months rent in exchange for my lease termination and move out based on the e-mail exchanges I have with his lawyer saying that he agreed to those terms?? If this were to go to court, what are my rights? By moving, did I forfeit the agreement? I would appreciate any legal advice possible. I can not afford to pay an attorney. Thank you so much.


Asked on 4/19/10, 7:38 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

If you and his attorney made a deal (e-mails are good) and you relied on the agreement and moved out (as was agreed upon) you may have a case of "detrimental reliance".

But if you moved out in April when the agreement was for you to move over the summer you may have a problem.

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Answered on 4/24/10, 9:17 pm


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