How to Break an Apartment Lease in New York

Your landlord may be willing to release you from your lease under certain circumstances.

New York law allows landlords to sue tenants who break a lease without cause or without making an agreement with the landlord to vacate the property early. If your landlord gets a judgment against you, it could damage your credit and impact your ability to get another lease. There are ways you can avoid all of the hassle, however. Depending on your lease, your landlord and your reason for needing to vacate the apartment, you may be able to break your lease without penalty.

Instructions

1. Read the early termination clause in your lease. Your lease may give you the right to break your lease under certain circumstances, and if your reason qualifies, then you simply need to give your landlord the required notice. Even if your lease doesn't allow early termination for any reason, it will at least let you know where you stand and what your landlord has the right to do if you break the agreement.

2. Call your landlord. Breaking a lease isn't always bad news for a landlord. If he thinks he can easily re-rent the property at a higher rate, he may be happy to let you out of the deal. Even if this is not the case, if you discuss your reasons for needing to move out of your apartment with your landlord, you may be able to strike a bargain with him. For instance, if your job is transferring you, and you've been a good tenant, your landlord may understand your situation.

3. Sublease your apartment. Under New York law, tenants who live in a building with four or more apartments have an automatic right to sublease, even if their lease says otherwise. If you do not live in such a building, the law states that the landlord must accept your request if it is "reasonable." If she does not, the law allows you to sublease anyway and possibly recover damages from your landlord if she tries to sue you. If you wish to sublease, accord to the law you must first send a certified letter, return receipt requested, to your landlord with the following information: name and current address of proposed sublease tenant, reason for the sublease, length of the sublease, address where you will be during sublease, a copy of an agreement between you and the proposed new tenant agreeing to the sublease and a copy of your own lease. Your landlord has 10 days to request new information and must notify you of her decision in writing within 30 days.

4. Assign your lease. Assigning your lease involves transferring it to another tenant and permanently vacating the apartment. Your landlord must give you permission to assign the lease. Under state law, he may refuse your request if it is "unreasonable;" otherwise, he must accept. If your request is "reasonable" and he refuses, you are legally permitted to move out of the apartment 30 days after lodging the request.

5. Prove your landlord broke the lease. If your lease guarantees certain repairs or improvements on your apartment, and your landlord does not comply, she has broken the lease. You may also be entitled to move if your apartment does not meet local health and safety standards--such as having a broken heater in the winter. Contact your local government for advice on the regulations in your area. You must give your landlord time to fix the issue before vacating the apartment.

Tips & Warnings

• When you sublease your apartment, you remain the primary leaseholder and can be held liable if the subletting tenant fails to pay rent or damages the apartment.

References

• New York City Rent Guidelines Board: Leases - General FAQ
• New York City Rental Guidelines Board: Tenants' Rights Guide
• Oh My Apartment: How to Break a Lease