I recently signed a year lease extension for an apartment I have lived in for 1 year in NYC. I asked the landlord's secretary if I could go month-to-month, she said they don't do that but if I give them a month or two's notice, it would be fine for me to exit the lease. The reason I didn't want to sign a new lease was because I can't afford the rent in my current apartment but I haven't yet found a new place to live. So I found a new place last week and gave my current landlord a month's notice, but now I'm being told by her that if they don't find a new tenant, I'll still be responsible for the lease. I can't afford to live here and on top of that there are rats all over the place IN the apartment. I've told the landlord and super but they haven't done anything about it. What is my best course of action? Will I end up with my wages garnished and then ultimately homeless?

Thanks in advance.

You can only replace a contract with a contract - your oral agreement is meaningless. Your signed contract prevails. Your best course is to attempt to negotiate some sort of arrangement with the landlord.

It's too late now but you should have insisted that language concerning the one month notice amendment be included

If you break the lease they can (and probably will) pursue you for the balance of the rent and can ultimately garnish your wages or use some other means to satisfy the Judgment.

If you have PROOF that the apartment is unsafe, uninhabitable, and the PROOF is dated before you attempted to break the lease (complaints in writing, complaints to the Health Department) that could be an out for you. What proof do you have?

I don't have any proof yet. Only verbal complaints. Is it pointless to contact the heath department now? I know I've gone about this the wrong way but if I can't afford the apartment what am I supposed to do? What if I tell the landlord I want to stay and then just don't make payments and force an eviction. Would they be able to collect for the remainder of the lease or only up to the eviction? This is an awful situation but I can't let this render me unable to even pay a lower rent in another apartment because that will mean I'm homeless.

?

Quote:

---

Originally Posted by Oh No

I don't have any proof yet. Only verbal complaints. Is it pointless to contact the heath department now? I know I've gone about this the wrong way but if I can't afford the apartment what am I supposed to do? What if I tell the landlord I want to stay and then just don't make payments and force an eviction. Would they be able to collect for the remainder of the lease or only up to the eviction? This is an awful situation but I can't let this render me unable to even pay a lower rent in another apartment because that will mean I'm homeless.

---

Please give us a chance to answer - everyone here is a volunteer.

If you force an eviction you are still liable for the remainder of the lease PLUS the cost of the eviction proceeding.

You need to sit down with the landlord and attempt to negotiate something.

OK, thanks. I appreciate your advice.