Legal Question in Landlord & Tenant Law in New York
landlord tenant dispute
i have a commercial lease that will ended by 2011 eleven. i have used almost 2 years off of it. now i am trying to hand over the store to the landlord because i can no longer continue. I have notified the landlord that i will hand over the premises and i want him to consider the security deposit which is four months as the rent for the remaining time that i will stay. in another word i will not pay him for the next 4 months and i am leaving. there is no damages i fixed the store and i pay the repair from myh own pocket. do you think he will hold me liable to pay the rest of the lease. if he wants to because he is really nasty. he wants to take the security deposit for the breach of the lease that is what he said. can you tell me what i have to do now in this case. please help i do not want to fine for bankrupcy i want to just pay him and leave but i want to breach the lease thank you
4 Answers from Attorneys
Re: landlord tenant dispute
Question: did you personally sign on the lease in any fashion, or did you sign for a corporation. If you signed for a corporation, in all likelihood, you can just walk away.
If you signed on the lease personally, the landlord can hold you personally for every month that it remains unnrented up to 2011. He does have the duty to mitigate his damages ( try to re-rent the property) You can help him along by sub-leasing the property.
The security deposit cannot be used to offset the rent, unless the landlord agrees. A security deposit is just what it says - to be used to offset damages.
If he will accept the security deposit and consider the lease terminated, I would usually take the offer, it minimizes your damages. Just make certain that ;you have it in writting that the lease is terminated, and be certain that it is signed.
you should also consult a lawyer now, so he can negotiate for you.
Re: landlord tenant dispute
Question: did you personally sign on the lease in any fashion, or did you sign for a corporation. If you signed for a corporation, in all likelihood, you can just walk away.
If you signed on the lease personally, the landlord can hold you personally for every month that it remains unnrented up to 2011. He does have the duty to mitigate his damages ( try to re-rent the property) You can help him along by sub-leasing the property.
The security deposit cannot be used to offset the rent, unless the landlord agrees. A security deposit is just what it says - to be used to offset damages.
If he will accept the security deposit and consider the lease terminated, I would usually take the offer, it minimizes your damages. Just make certain that ;you have it in writting that the lease is terminated, and be certain that it is signed.
you should also consult a lawyer now, so he can negotiate for you.
Re: landlord tenant dispute
Question: did you personally sign on the lease in any fashion, or did you sign for a corporation. If you signed for a corporation, in all likelihood, you can just walk away.
If you signed on the lease personally, the landlord can hold you personally for every month that it remains unnrented up to 2011. He does have the duty to mitigate his damages ( try to re-rent the property) You can help him along by sub-leasing the property.
The security deposit cannot be used to offset the rent, unless the landlord agrees. A security deposit is just what it says - to be used to offset damages.
If he will accept the security deposit and consider the lease terminated, I would usually take the offer, it minimizes your damages. Just make certain that ;you have it in writting that the lease is terminated, and be certain that it is signed.
you should also consult a lawyer now, so he can negotiate for you.
Re: landlord tenant dispute
Question: did you personally sign on the lease in any fashion, or did you sign for a corporation. If you signed for a corporation, in all likelihood, you can just walk away.
If you signed on the lease personally, the landlord can hold you personally for every month that it remains unnrented up to 2011. He does have the duty to mitigate his damages ( try to re-rent the property) You can help him along by sub-leasing the property.
The security deposit cannot be used to offset the rent, unless the landlord agrees. A security deposit is just what it says - to be used to offset damages.
If he will accept the security deposit and consider the lease terminated, I would usually take the offer, it minimizes your damages. Just make certain that ;you have it in writting that the lease is terminated, and be certain that it is signed.
you should also consult a lawyer now, so he can negotiate for you.
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