Joined: Tue Sep 19, 2006 2:57 pm Posts: 57656 Location: New York, NY
Chung is talking about his former tenant, New York Mets pitcher Ambiorix Burgos.
Last winter, Burgos came to the Mets after a trade with Kansas City.
That's when Burgos signed a six-month lease to Chung's two-bedroom apartment, in a gated community, just minutes away from Shea Stadium.
But Burgos' gave up one too many bombs, so the Mets sent the hard-throwing righty to the minors.
Tappy: "So he moved out of here?" Chung: "Yes, he did." Tappy: "So did he keep paying rent here?" Chung: "Oh, no. Actually, I only got four months out of six months I was supposed to get."
Jay never re-rented the apartment. Today, the only reminder of the ballplayer is a Mets' schedule left hanging on the fridge.
"I called him many, many times, many more than 30 times," Chung said. "I left couple of messages, and I actually spoke to him a few times and he told me that the Mets were supposed to give him the money."
We called the Mets, and they agreed that Burgos would be reimbursed for his rent after he was sent to the minors, but only after he paid it first.
Burgos' agent, Dominic Torres, whose name is listed on the lease, told us Burgos never paid because Chung didn't make a "reasonable effort" to re-rent it as mandated by common law. But Chung disagrees.
http://abclocal.go.com/wabc/story?secti ... id=5946122
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if I signed a lease and decided to move out, it would be my responsibility to either pay the rest of the lease or to "sub let" the remainder of the lease to someone else...not the landlord's job...IMO, in a tenant/landlord agreement, the landlord is correct and Burgos' agent is wrong...
Joined: Mon Sep 18, 2006 6:15 pm Posts: 29976 Location: The District
vtmet wrote:
if I signed a lease and decided to move out, it would be my responsibility to either pay the rest of the lease or to "sub let" the remainder of the lease to someone else...not the landlord's job...IMO, in a tenant/landlord agreement, the landlord is correct and Burgos' agent is wrong...
It's not that simple, but you're mostly right.
It is your responsibility to pay for the entire lease since you signed a contract. But when you break that contract, the landlord has a common law responsibility to try to make reasonable efforts to find someone to fill the apt. In other words, he has to try his best to mitigate his damages. He can't just sit on his hands while no one lives in the apartment and then just hit up Ambi for the full rent. He has to at least try to fix the situation as best he can.
All he needs to do is make some apartment postings and put out some feelers. He doesn't have to find someone for the apt, but he does have to try to find someone. If he doesn't try, a court could (not would) find that Ambi owes less than the full amount of the lease.
But it's not clear whether his agent is right or wrong in this case. It all depends on factors that we're not privy to.
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