Breaking the lease with 30 days notice.

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Lilianneis

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Hi, I recently rented a room within this 5 bed rooms apartment in UWS in New York. The owner lives in this apt as well. Before I signed on the contract, she hadn't told me what will be going on in this apt clearly.

First, she never told me that she has her living in boyfriend, even I asked who is living in this apt. She always fight with her boyfriend, neighbor, over the phone cursing. She had some sex toy party at home, which was too much for me.
Second, I can only cook once a day. I moved in on Friday and I cooked for Saturday and Sunday and she goes, if I cook 2 or 3 times a day this is not a good fit for me. She mentioned, before I signed the contract, that please cook something simple. But now she is allowing me to cook once a day.
Third, some payment issues. She gave me this piece of paper with all the rules that I need to follow after I moved in. I need to clean the apt once in a few weeks and if I don't I need to pay $50 to hire someone to clean. She will buy house cleaning products and we will divide it to pay. On our contract, there is no such statements. But its fine cause I think its my responsibilty to share the place, even she never told me about this before I signed the contract. Two weeks ago, she bought several things and wrote down the cost that I need to pay on a piece of paper and slipped in my room and said she will put the original receipt on the kitchen table. But what she left was hand written receipt.
Fourth, visitors only on the weekend. My boyfriend came over to have dinner on weekday for several times and she said visitors only on the weekend and overnight, occasionally. Probably she mentioned this before I signed the contract. I asked then what's going on with your bf because I didn't know the guy is living here, and she said this is her apt, she can do whatever she wants but I need to follow her rule. I can totally agree, if she told me before I moved in that she has her boyfriend here all the time.
She said, if this is not a good fit for me, then let her know the other day, then she will get me the deposit back. But at the end when we get into our rooms, she mentioned give it a try for 2-3 wks.

I finally decided to move out, and asked how much in advance I should let her know and she said in 30 days but since I didn't get back to her the next day after our conversation, I can't get my deposit back. So I said, ok then I will stay until the end of the contract, whatever. Then she got into her room and had fight with her bf again. I got so scared and decided to move out seriously.

I told her next day which was yesterday, 10th of Nov, that I will move out in 30 days. She wants me to stay until the end of December to give her the full rent for the next month. But my rent starts from 25th and I told her on 10th which is exactly half month. So, I told her this and she said if someone needs to move in earlier than 10th, I gotta move out early and she will deduct that amount of rent for me. But still, she refuses to give me back the deposit becuase I am the one who is breaking the contract.

On our contract, it says
If the Roommate leaves the priemises before the end of the period described in this agreement, the Roommate must give the Owner a 30-day notice, preferably on the first of the month. If no such notice is given, the Owner shall keep the security deposit.

I was wondering, in this situation I can get my security deposit back. Thank you very much.
 
It would be best if you provided this 30 day notice in WRITING so you have documentation of such should things get ugly down the road (which I suspect they will).

Gail
 
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