How to Legally Break a Lease in New York State
Whether you need to move because of a job, a breakup or you just can't stand your neighbors, there may come a time when you want out of your lease early. In New York, this may mean negotiating with your landlord -- he or she does not necessarily have to let you out of your lease early. Be warned also, that certain guidelines regarding the breaking of a lease are unique to New York City -- while the city provides renters with rights, these may not extend to the rest of the state.
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Instructions
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Talk to your landlord and be honest. Explain the current status of your lease, along with why and when you want to end it. In some cases, like if you rent your apartment for a price below market value, your landlord may be willing to end the lease early -- that way, he or she can move someone else in for a higher rate.
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Ask your landlord about subletting or assigning the lease. This is when someone else takes over your lease -- someone that you often find yourself. Check your lease agreement for any information regarding subleasing, as some leases specifically disallow it or otherwise detail the process.
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Negotiate with the landlord. If your landlord is on the fence about letting you end your lease early, offer compensation. For example, you may have to pay several months' rent in order to break the lease, but this may be preferable to the alternative of remaining stuck in your apartment.
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Keep everything in writing. For example, if you live in New York City, you may send your landlord a written request to assign the lease, and your landlord must reply with written consent. If your lease disallows subleases but your landlord agrees to make an exception, get it in writing to protect yourself -- verbal agreements may not be legally binding.
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Tips & Warnings
If you sublease your apartment, you are still listed on the lease as the primary leaseholder. This means that should the person subletting the apartment do any damage to the property, you are still responsible -- only allow someone you trust to sublet from you.
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