Strange landlord behavior?

Question

So I'm a buy-and-hold investor and have some experience as a landlord. I also happen to be a renter and I'm trying to figure out some strange landlord behavior. I thought this would be a good a place as any to gain some insight.

About a month ago, I got the news that I'm being transferred from New York to a new job in Europe and I'll be relocating in October 2015. Since my current lease ends in February 2016, I immediately called my landlord to let them know and to find out what the next steps would be. The lady at the property management company was quite pleasant and let me know, that in accordance with my lease provisions, I would be responsible for finding a replacement tenant. She said she would discuss this with her manager and get back to me with the new rental amount.

I waited several days to hear back from her. Nothing. So I sent a certified letter basically repeating what I had already told her over the phone and asked to hear back. Nothing. In order to find a tenant, I need to know what the rental requirements are and the rental amount. Besides my certified letter, I've called, left messages, sent emails, etc.

What do I do here? I only have a month left in the USA. At which point I will leave on a one-way ticket to Europe. Should I just assume they are allowing me to break my lease and that they don't need me to find a tenant?

Steve Vaughan · Answer

I wouldn't ass..u..me anything.  They have no motivation to help you and it shows.  The title should point out 'strange PM behavior?'. PMs are not LLs.   I have run into countless bad PM co's in my area so I'm not surprised by this.  I would seek a replacement tenant based on what you know of their screening requirements having been through them, leaving the rent rate open a little bit.  Although a replacement tenant could mean someone to take your place at your rent rate.  Whose to say, right?

I look to the old serenity prayer in these situations Account Closed : "...the serenity to accept the things I cannot change."  Apathetic PM behavior is something you cannot change.  I would stay persistent until you get a dang answer.  Congrats on your new adventure!

Fred Heller · Answer

Does NY have a mitigation of damages rule? If so, then the landlord is required to mitigate the damages of a broken lease by actively searching for a replacement tenant. You might want to check that out.

I wouldn't just ignore it. When you return to the states you may find a bad credit mark and possibly even a judgment.

Account Closed · Answer

@Michael Rogers

No sub-leasing allowed. Lease clearly says I have to find a replacement tenant that will qualify according to the landlord's criteria and is willing to sign a one year lease with the apartment in "as is" condition.

Regarding the phrase in your post "if they decide to file a judgement against you". On the one hand I'm not worried about this at all. I am not a US citizen, do not have a green card, was never considered a resident and only ever was in the country for a specific job with a visa related to that job. When I leave, I'll close all my bank accounts and credit cards. Europe, and a number of other attractive locations where I could get jobs, are all geographically closer to my family so I'm unlikely to return to the US in the future.

I've explained this to them very politely and have assured them that my only aim is to assist them to find a replacement tenant before I leave. This is why they were one of the first calls I made when I heard I got the job a month ago. I want to help them but I need to know what rent they want. If I try and find a tenant, say at the current rent, and string that person along and get them to pay the application fee, only to be told that the rent is actually $100 more. I don't want to waste peoples' time.

Apologies for the rant, I'm just frustrated with them. One of the brokers in the neighborhood that I spoke to said that she would be happy to help me find a tenant but that she knows this landlord/property manager and dislikes working with them.

I'll continue to call, email and write them letters. But on 10 October 2015, I have a one way ticket.

Account Closed · Answer

@Steve Vaughan@Fred HellerAccount Closed

Thanks guys! This is a rent stabilized apartment in NYC so my lease is fairly standard boiler plate stuff. But you all gave me some new angles or ideas of things to try.

Account Closed · Answer

In addition to the above, I believe some states allow you to break a lease without penalty (or limit the penalty amount) because of certain circumstances, such as job transfer. Look into that also, the lease may say one thing and the law another.

Michael Rogers · Answer

It sounds like you are doing all the right things by calling them and then sending the certified letter.   It stinks they aren't being responsive.  Is there anything in your lease that discusses the penalties for breaking the lease?  If you are just purely sub-leasing it for the rest of your lease term, then in theory the new tenant will pay you and then you would continue to pay the property manager your current rate.  (I'd be surprised, if the current property manager will let you sublease though.)

Good luck and document everything.  This will really help you if they decide to file a judgment against you.

Carlos Enriquez · Answer

Go in person and get the attention, courtesy and respect they should give you and you deserve.  After all, you're paying their wages.

Strange landlord behavior?

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