How to Break a Lease in NYC

Never sign a lease agreement before reading it thoroughly.

New York City is infamous for its exorbitant rental prices. If you've found a less expensive or otherwise more ideal place to live but you are still bound by your current lease, you may have some options. Your lease is a contractual agreement between you and your landlord; never break it without written consent from your landlord. You can be held liable for the full amount of rent in the lease. Some leases may provide for early termination; otherwise, gear yourself up for some negotiations. Your landlord may agree to a money settlement or a substitute tenant.

Things You'll Need

• Lease agreement

Instructions

1. Examine your lease agreement. Some leases spell out the conditions for breaking the lease. If you can meet those conditions, obtain your landlord's agreement for breaking the lease in writing.

2. Talk to your landlord about breaking the lease as soon as possible. Some landlords, particularly those with rent-stabilized apartments, may find it in their favor to release a tenant from the lease agreement early with no penalties. New York rent stabilization law provides for a 20 percent increase when an apartment becomes vacant, which means that the landlord earns more money if you break the lease early and he is able to re-rent promptly.

3. Negotiate with your landlord if he is hesitant to release you from the lease. Ask if you can "assign" the lease, which means that you are responsible for finding a new tenant to assume the lease. Only choose this option if you are confident you can find a new tenant for your old apartment.

4. Ask your landlord to find a new tenant. Typically, landlords with apartments in Staten Island, Queens and Brooklyn are required to attempt to find a new tenant. Those in the Bronx and Manhattan are not obligated to do so. Even if your landlord agrees to look for a new tenant, there is no guarantee he will be successful.

5. Offer to waive the security deposit and pay one to three months of rent if your landlord is reluctant to break the lease and neither of you can find a new tenant. If he does not agree to this and you move out of your apartment, you are likely liable for the full amount of rent for the remainder of your lease.

Tips & Warnings

• In New York, tenants may break the lease if the apartment is uninhabitable. For example, if it is flooded and you must move, you are not liable for the remainder of the lease.

• New York law also allows victims of domestic violence to break a lease if they can demonstrate a risk of harm if they are not allowed to move.

• If your landlord refuses to allow you to assign the lease, a court may find his refusal to be unreasonable. If this occurs, the court releases you from the lease.

References

• "The New York Times": Q. & A.; Tenant Who Needs to Break a Lease
• "The New York Times"; The Dos and Don'ts Of Breaking a Lease; Jay Romano; Nov. 2004
• New York City Rent Guidelines Board: Leases - General FAQ
• "The New York Times"; Breaking a Lease; Jay Romano; Sept. 2007

Resources

• New York City Rent Guidelines Board; Tenants' Rights Guide; Stephen Mindell, et al.; Nov. 2008