Results 1 to 12 of 12

Thread: Just Moved, First Day in Apt, and I want Out! Suggestions Please!

  1. #1

    Angry Just Moved, First Day in Apt, and I want Out! Suggestions Please!

    So my wife and I signed our lease to this apartment a week ago while still living out West. She is the one who saw it briefly when she came here a month ago. I never saw it. I went by her description and took her word for it that it was the right place.

    So we signed all the lease papers remotely last week and our lease started yesterday April 1st. I just flew in this morning, got the keys from the Super, and came up to my place. It's located on the Upper East Side on 71st Street near 1st Ave.

    Turns out my unit was extremely dirty, not cleaned, stains everywhere, just the complete opposite of what you would expect when moving into your unit on the first day. Called maintenance and they said they will not be able to clean my place until Monday. I should not have to live in here like this for these 2 days!! I just paid soo much money!!!

    My realtor says I can't back out, once we sign the lease it's binding and now that I "technically" moved in, I can't back out. I only have myself and two suit cases with me. My furniture arrives in about 3 days.

    I paid security deposit and first and last months rents already. Is my realtor right that I have no choice to back out? I just got the keys this morning, and it's just me and two suitcases!!

    I'm now thinking of subleasing this place out so I can find another place but my wife will explode if I put her through anymore headaches. Besides, even if I do sublease, I probably will not be able to recover what I put down in terms of money.

    Any suggestions???

  2. #2
    Crabby airline hostess - stache's Avatar
    Join Date
    Jun 2004
    Location
    Nairobi Hilton
    Posts
    8,511

    Default

    Hire someone to clean it. This is a no brianer.

  3. #3
    Disgruntled Optimist lofter1's Avatar
    Join Date
    Jun 2005
    Location
    NYC - Downtown
    Posts
    32,654

    Default

    Or a no brianac

  4. #4

  5. #5
    European Import KenNYC's Avatar
    Join Date
    Jun 2008
    Location
    Manhattan - BPC
    Posts
    774

    Default

    Quote Originally Posted by NYC_2011 View Post
    So my wife and I signed our lease to this apartment a week ago while still living out West. She is the one who saw it briefly when she came here a month ago. I never saw it. I went by her description and took her word for it that it was the right place.

    So we signed all the lease papers remotely last week and our lease started yesterday April 1st. I just flew in this morning, got the keys from the Super, and came up to my place. It's located on the Upper East Side on 71st Street near 1st Ave.

    Turns out my unit was extremely dirty, not cleaned, stains everywhere, just the complete opposite of what you would expect when moving into your unit on the first day. Called maintenance and they said they will not be able to clean my place until Monday. I should not have to live in here like this for these 2 days!! I just paid soo much money!!!

    My realtor says I can't back out, once we sign the lease it's binding and now that I "technically" moved in, I can't back out. I only have myself and two suit cases with me. My furniture arrives in about 3 days.

    I paid security deposit and first and last months rents already. Is my realtor right that I have no choice to back out? I just got the keys this morning, and it's just me and two suitcases!!

    I'm now thinking of subleasing this place out so I can find another place but my wife will explode if I put her through anymore headaches. Besides, even if I do sublease, I probably will not be able to recover what I put down in terms of money.

    Any suggestions???
    Welcome to New York

  6. #6

    Default

    I'd sit down with the Landlord and ask him if he would be willing to contribute to the renovation of your apartment ... i, as a smalltime landlord would
    We are not all monsters!
    Other than that, you have to read your lease and look for the stipulations on how to terminate your lease ... but you will have to pay for it!
    If you are "nasty", call HPD and file a complaint about the conditions ... but this will not improve your "standing" with the landlord.
    Talk to him first ... he might turn out to be a nice guy.
    And in the future ... always look for your self ... during daylight and check out everything ... hallways, commodity rooms, neighborhood, and if possible talk to other tenants how they like the place. It is also a good way to introduce yourself.
    Last edited by odiug; April 3rd, 2011 at 12:05 PM.

  7. #7

    Default

    Always hire a cleaner when you move to a new place, no matter who lived there before. Everyone is dirty filthy.

  8. #8
    Senior Member
    Join Date
    Apr 2006
    Location
    Bensonhurst, Brooklyn NY
    Posts
    105

    Default

    I have a friend who is in real estate, specifically building management and he deals with this sort of thing every day. You are in fact stuck as far as legally being able to get out of the lease. You could always walk, but you'll lose the two months rent and then it could end up in landlord-tenant court for official eviction. As far as subletting goes, that's highly illegal without the landlord's approval (which I doubt you'll be getting based on the slum you moved into) and could get you locked up. Not a good idea, if you really want out your best option is probably to just give the landlord/management company 30 days notice and find another place. You're already paid up for the month, but if you give 30 days now that'll carry you into May and you'll be on the hook for May's rent as well. Rock and a hard place.

  9. #9
    Disgruntled Optimist lofter1's Avatar
    Join Date
    Jun 2005
    Location
    NYC - Downtown
    Posts
    32,654

    Default

    Improper subletting will get no one "locked up." But it could put you in a bad financial situation.

  10. #10
    Senior Member
    Join Date
    Apr 2006
    Location
    Bensonhurst, Brooklyn NY
    Posts
    105

    Default

    Quote Originally Posted by lofter1 View Post
    Improper subletting will get no one "locked up." But it could put you in a bad financial situation.
    Surprisingly it can. Also, legally they have no right to live there if they're not on the lease, and the landlord could have them arrested to get them out because they'd be trespassing. If there's any damage to the apartment, the person named on the lease is responsible. The OP really just needs to give 30 days notice and be done with it if he wants out. It's the safest/most legal way. The landlord can't sue as long as the rent is paid up, which it is.

  11. #11

    Default

    the landlord could have them arrested to get them out
    not unless they have changed the law... if they have been in the space for a week or more (even without a lease) he would have to take them to court to get them out (been there, done that).

  12. #12
    Disgruntled Optimist lofter1's Avatar
    Join Date
    Jun 2005
    Location
    NYC - Downtown
    Posts
    32,654

    Default

    Quote Originally Posted by Taz View Post
    Surprisingly it can. Also, legally they have no right to live there if they're not on the lease, and the landlord could have them arrested to get them out because they'd be trespassing.
    Perhaps theoretically. Can you point to ONE case where someone who illegally sublet an apartment has been put in jail for that offense?

    Tenants in a sublease situation have a whole set of rights, and if those rights are violated the landlord can find himself in lots of legal trouble. NYPD is very hesitant to get involved in landlord / tenant disputes. Evictions are overseen by NYC Marshals and/or the NYC Sheriff:

    Marshals Evictions FAQ

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  


Google+ - Facebook - Twitter - Meetup

Edward's photos on Flickr - Wired New York on Flickr - In Queens - In Red Hook - Bryant Park - SQL Backup Software