I would like to know if my landlord must produce a lease if I find my old apartment has a new tenant?

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I would like to know if my landlord must produce a lease if I find my old apartment has a new tenant?

The conditions of our old apt were uninhabitable for us and we moved out after giving landlord 30 days notice along with why we were moving out. We left 4 months early and are now being by our super that someone has been living there for 3 months and they are paying slightly less then we were. Does my landlord have to produce that lease if I bring it up at our trial date or is there a way I can request a copy before then?

Asked on June 25, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the rent of the new tenant(s) becomes an issue at trial, the landlord will have to prove that rent in some fashion--most likely by producing a copy of the lease (though if there  is no written lease, other means, such as copies of rent checks and receipts, may suffice). So, say that the landlord is suing you for breaching your lease; say that as part of the suit, the landlord seeks the difference in rent between what you were paying and what the new tenant is allegedly paying. To recover that money, the landlord would have to prove the new rent in court.


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