E2 visa being cancelled - breaking apartment lease
Oct 23rd 2017, 4:22 pm
#16
Concierge
Joined: Apr 2001
Posts: 46,386
Re: E2 visa being cancelled - breaking apartment lease
But people's behaviour changes over time. I think people are more greedy and mercenary than they were several decades ago.
Also per your earlier post, a land lord cannot just claim the remaining amount due under lease - as S Folinsky posted, the landlord has to use "best endeavors" to find a replacement tenant and can (should) only deduct actual out of pocket losses/ rent "void periods".
Also per your earlier post, a land lord cannot just claim the remaining amount due under lease - as S Folinsky posted, the landlord has to use "best endeavors" to find a replacement tenant and can (should) only deduct actual out of pocket losses/ rent "void periods".
I can only relate what I know about being a tenant for my entire life and having dealt with landlords in lower Westchester for over 60 years (both my parents and my own). What might apply as per Mr. Folinsky's post in regards to California, might well apply to the NYC area, then again, it might not.
I do agree that the landlord cannot ask for reimbursement of the months the apartment is re-rented once the tenant moved and stops paying legally contracted rental payments. I don't believe I ever said or implied that to be the case. There is no law that says that a landlord can do such a thing.
In my case, my apartment went co-op when I vacated. The landlord would have had the right to charge me a monthly rental fee for each month that the apartment was unsold. That is why I covered myself by getting a new clause inserted into the lease.
Last edited by Rete; Oct 23rd 2017 at 4:27 pm.
Oct 23rd 2017, 4:27 pm
#17
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: E2 visa being cancelled - breaking apartment lease
.... I do agree that the landlord cannot ask for reimbursement of the months the apartment is re-rented once the tenant moved and stops paying legally contracted rental payments. I don't believe I ever said or implied that to be the case. There is no law that says that a landlord can do such a thing.
Oct 25th 2017, 2:05 am
#18
Austin. TX.
Joined: Sep 2013
Posts: 5,930
Re: E2 visa being cancelled - breaking apartment lease
Look for the "diplomatic clause" in the lease.
Did you have house search assistance when you moved from a relocation company? We are always doing our best to get that clause in the lease.
something along the lines of
"Landlord agrees that in the event Tenant is transferred by his or her employer, Tenant may terminate this lease upon (60/90) days written notice without incurring a penalty hereunder"
it usually is an addendum
Did you have house search assistance when you moved from a relocation company? We are always doing our best to get that clause in the lease.
something along the lines of
"Landlord agrees that in the event Tenant is transferred by his or her employer, Tenant may terminate this lease upon (60/90) days written notice without incurring a penalty hereunder"
it usually is an addendum
Oct 25th 2017, 5:19 am
#19
Account Closed
Joined: Jan 2006
Posts: 0
Re: E2 visa being cancelled - breaking apartment lease
Ask landlord.
Have rents in the area increased since you moved in? If they have landlord might be open to you moving.
We moved early from a lease and landlord was pleased as rents had increased and he could rent the unit for $500 more per month.
Where I am its a landlords market and rents increase so much per year that landlords are being flexible in lease breaking as they know they can find a new tenant in a day or less and get higher rent.
Have rents in the area increased since you moved in? If they have landlord might be open to you moving.
We moved early from a lease and landlord was pleased as rents had increased and he could rent the unit for $500 more per month.
Where I am its a landlords market and rents increase so much per year that landlords are being flexible in lease breaking as they know they can find a new tenant in a day or less and get higher rent.
Last edited by scrubbedexpat091; Oct 25th 2017 at 5:26 am.
Oct 25th 2017, 1:00 pm
#20
Forum Regular
Joined: Dec 2011
Location: Greenwich, CT
Posts: 132
Re: E2 visa being cancelled - breaking apartment lease
I would check the lease agreement for a break clause. We had one in our last apartment rental - 60 days notice with 1 months penalty - we got our full deposit back (minus the penalty which we got a reduction on because we asked nicely).
Rental vacancy rates are so low in Manhattan that your apartment will have another lease signed before you leave; probably at a higher rate!
Rental vacancy rates are so low in Manhattan that your apartment will have another lease signed before you leave; probably at a higher rate!
