HOW TO BREAK A LEASE IN NEW YORK

This article will provide guidance on how to break a lease in New York. COVID-19’s impact on New York has significantly strained the landlord-tenant dynamic, with many tenants struggling to pay rent and landlords facing financial difficulties due to lost rental income. This situation has prompted tenants to consider leaving their leased properties to cut costs, raising the question: What happens if you walk away from a lease? Click here to watch our evictionservice.

Lease Basics: More Than Just a Document

A lease outlines the terms under which you agree to rent a property, typically binding you for at least one year, even if you pay monthly. It’s a legally binding agreement governed by state laws, including provisions on security deposits and adherence to anti-discrimination laws. In New York, for instance, deposits cannot exceed one month’s rent. Click Here for Frequently Asked Questions About Process Servers!

The Real Cost of Breaking a Lease

Leaving a lease early without following legal protocols can lead to significant consequences. Landlords, protected under property laws, may pursue compensation for the unpaid rent remaining under the lease terms. To break a lease in New York may sometimes involve a negotiated fee with the landlord; such arrangements are not standard and require explicit negotiation. Click here for information on How Rush Process Service Can Expedite Your Case.

Tenant’s Rights and Responsibilities

Both landlords and tenants have legal obligations under a lease. Tenants must adhere to the agreed terms, and landlords cannot alter these terms, including raising the rent, during the lease period without specific provisions in the lease allowing for such changes. Failure to meet these obligations can lead to eviction for unpaid rent or other lease violations, though landlords must provide proper notice. Click here for information on How Process Servers Protect Your Rights: Myths Debunked

Legal Exceptions To Break A Lease in New York

Certain situations legally allow tenants to terminate a lease early without penalty, including:

Domestic Violence: Victims can terminate their lease early with proper notice and documentation.
Senior Citizens: Tenants aged 62 or older moving to a retirement home may qualify for early lease termination.
Active Military Duty: Federal law allows lease termination for those entering active military service.
Unsafe Rental Units: If a unit is uninhabitable and the landlord fails to address significant issues, tenants may have the right to move out without penalty.

Navigating Lease Termination with Your Landlord

The key to resolving lease termination issues lies in communication. Whether you’re facing financial hardship due to COVID-19 or another qualifying exception, discussing your situation with your landlord can lead to mutually beneficial solutions. Properly navigating the termination process, including subletting with the landlord’s approval, helps maintain a positive rental history. Click here for information on How To Identify A Good Process Service Agency

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