If your landlord's lease break fee is just way too highand you live in an area that's popular with renters (so, pretty much anywhere in New York City)then you may be better off relying on something called "damage mitigation." Unlike residents of most other states, New Yorkers have the right to sublet, no matter what the lease saysand subletting is typically the cheapest way to get out of a lease agreement early. According to New York landlord-tenant law, the landlord may send the tenant an eviction notice for the following reasons: Criminal Activity. Breaking a Lease: What to Know and How to Do it - The Zumper Blog If you're wondering how New York state law works for those who want to break a lease early, you've come to the right place. For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st therefore, rent is still due for the month of April. 33-1318(A),(E), and (H1). The landlord cannot evict, penalize, or limit the tenants right to call police or emergency services in response to domestic violence (Minn. Stat. What happens if this isn't the case for you, though? If her can a holdover tenant in New York City, insert landlord may give you an unconditional abort notice, giving you 30 date to move out. Historically, a New York tenant who vacated their apartment earlywithout coming to an agreement with their landlordwas still on the hook for all the remaining rent. Make it clear to them that the situation is out of your control. Bed Bugs. For example, the following reasons may legally permit a tenant to terminate the lease early, but are not always automatic and must be determined by a court: The below reasons are generally not enough justification (on their own) to release a tenant from the obligation of their lease term, and as a result, provide no legal protection against penalties for not honoring the lease. Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unitwith some exceptions, as follows. Lendlease, Aware Super JV break ground on largest geothermal #2: Breaking a Lease Is an Ordinary Event. You may be able to legally move out before the lease term ends in the following situations. U.S.C.A. Otherwise your landlord can legally reject their rental application. The right of entry must be stated in the lease. Tip: If you have broken your lease, and you live in a state that requires your landlord to mitigate damages, you should still plan on losing at least one months rent. This can help tenants who have an NYC apartment lease, for example, where the penalty fees may be higher. Break A Lease In NYC With No Fees [98% Success] - DoNotPay Wis. Stat. 504B.225, 504B.375. Finally, you may negotiate with your tenant to see which "healthier" options are available. However, they may need to get the case reviewed and approved by a court before getting legal protections: The following list includes arguments that may not allow tenants to break the lease without paying a penalty. Notice on terminate a month-to-month lease. Simpson v. Lee, 499 A.2d 889 (1985), 12 hours, but shorter if the tenant agrees. Leases (Security Deposits, Roommates, Sublets, and More) In New York, a tenant is not required to provide notice for fixed end date leases (N.Y. RPL 232-b). Save time and grow your business with DoorLoops property management software. Other than a few specific situations (including senior citizens, victims of violent crimes, tenants with disabilities, and service members), New York State does not allow tenants or landlords to break a lease without going to court. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. Here, you must be as clear as possible when outlining the consequences of leaving the rental unit early, as that will make the tenant less . Moreover, it will explain the consequences of ending the lease without a valid reason, which often comes in the form of penalties. Once the notice is delivered,the earliest the lease can terminate is 30 days after the beginning of the next rent period. These warranties cover basic amenities such as hot water, heat, a working roof, and secure flooring and walls. New York Landlord Tenant Laws & Rights for 2023 The same would apply to people with health issues that can no longer care for themselves.