Q: In NYC, we have a lease until 1 August. We informed the landlady on 1 March that we will not renew and wished...
to break lease. She said on the phone that this was okay and her broker started looking for a new tenant. In mid-April, they found someone, asked us to set a date for moving out of 15 May. We found a new place to move out to for 15 May and signed the lease. Suddenly, the deal to take over our lease fell through. As of 15 May, we are now saddled with paying for two apartments and the landlord of the current place says that we are obliged to pay until 1 August. We did not sign anything about the breaking of the lease, we have only the emails proving the brokers search for a replacement for us.
Since we would not have searched for a new place if we had not been given a specific date by the current broker, are we still liable to pay the current lease?
A: It sounds to me like there was probably a miscommunication and whatever you heard over the phone is not really relevant because all transactions relating to real property including leases and terminations must be in writing to be enforceable so notwithstanding what your landlord may have said it sounds to me like the lease would still prevail if taken to court and the can enforce it until August. That said, you may be able to claim promissory estoppel to prevent the landlord from collecting, but I don't think that's altogether likely to hold up in court since I think you'll need a writing from the landlord saying that the early termination was okay and not just the proof from a brokers listing and your reliance.
1 user found this answer helpful
A: You have a strong defense to paying, but only a court can determine it.
1 user found this answer helpful
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