In New York, there may be legal ways to get out of a lease or terminate a lease in certain situations. There can be different reasons why a party may want to terminate their lease, including:
- The tenant receives a new military assignment or job
- The landlord has violated the lease
- The tenant has violated the lease
- The landlord went into the residence without providing proper notice
- The landlord tried to constructively evict the tenant
A broken lease does not have to end with a legal dispute. In some leases, there are provisions for terminating their lease, such as providing 30 days notice or paying an extra month of rent, which will release them from their obligations under the lease.
If the tenant has been reassigned or needs to move for a different reason, their landlord may be willing to negotiate a solution that works for both of them. If an individual has any questions, whether they are a tenant or a landlord, they should have a legal consultation.
A New York lawyer can explain any aspect of leases, including commercial tenant rights in New York, landlord’s rights, and can help resolve landlord-tenant issues in the state.
How Does a Landlord Terminate a Lease With a Tenant?
A landlord can begin terminating a lease with a lease termination letter that is given to the tenant, requesting they take some action, typically to pay their rent or vacate the premises. One common example is a notice to pay rent or move out within three days of getting the notice.
If the tenant does not comply, the landlord may be able to file an action for unlawful detainer. The landlord may also initiate the eviction process to remove the tenant. If a landlord needs to evict a tenant, they have to follow the very strict procedural rules of the state and the city, if in a rent controlled market.
If a tenant does not pay their rent and the landlord cannot contact them, the landlord may think the tenant abandoned their lease. In this situation, a landlord can take steps to reclaim their property and collect damages for unpaid rent.
In many lease agreements, there will be a provision stating that if the rent is overdue for a specific time period, or if they leave the premises and do not tell the landlord for the specified period of time, their lease will be considered abandoned. The wants that landlords can terminate lease agreements will vary by jurisdiction.
In general, landlords can terminate leases in one of these ways:
- An agreement to end the tenancy
- Following the just cause eviction statute of the jurisdiction
- When the lease is over:
- A tenancy at will can be terminated by either party as long as notice was given
- A tenancy for a term lease often requires notice of termination, typically 30 to 60 days
- With a periodic tenancy, for example, a month-to-month lease, may be terminated by either party for nearly any reason
- In some situations, notice is required, often 30 days
As noted above, a landlord can usually terminate a lease by providing a written lease termination notice to the tenant. For more information on lease terminations, including a commercial lease termination, in New York, an individual should consult with a lawyer.
How Does a Tenant Terminate a Lease With a Landlord?
In some cases, the termination of a lease agreement by a tenant may occur. Tenants can terminate a lease agreement under the following circumstances:
- Periodic tenancy
- Tenancy at will
- Landlord violation of the lease
- Destruction of property
Due to the fact that leases are legally binding documents, tenants, in general, cannot cancel them except in specific circumstances. A landlord may release the tenant from their lease, especially when they can find a replacement tenant under New York subletting laws.
If a tenant is facing domestic violence and they have to break their lease to escape the violence, this is also a legally acceptable reason for breaking the lease.
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What Are Some Tips To Consider When Terminating a Lease in New York?
When terminating a lease in New York, there are several tips an individual should consider. If a lease is broken, a tenant may have to pay an early termination fee or a penalty. In more serious cases, the landlord may take legal action to obtain the remaining amount owed under the lease.
Other tips to consider include:
- Reaching out to the landlord, as they may be willing to negotiate a solution
- Follow the processes outlined in the lease for termination
- Get all correspondence in writing
- Consult with a lawyer to make sure you are following the required processes
There are consequences for violating the terms of a New York lease for both landlords and tenants. Landlord-tenant disputes may also be resolved in a small claims court, depending on the amount of damages involved.
How Much Is the Termination Fee for a Lease in New York?
The fee for terminating a lease in New York will vary depending on the terms of the lease. The amount often ranges from one to three month’s rent. The amount that must be paid for an early termination is likely included in the lease.
What if I’ve Suffered Losses From a Lease Termination?
If an individual has suffered losses from a New York lease termination, they may be entitled to damages. It is common for the wronged party to recover money it costs them to move to a new home.
If an individual has suffered losses from a termination of lease, they should consult with an attorney to determine the damages they may be able to obtain.
Are There Any Defenses for a Tenant to a Lease Termination?
Yes, there are some defenses that tenants may present to delay or halt a lease termination, including:
- Landlord violation of the lease
- Violation of eviction procedures
- Illegal retaliation when a tenant makes a reasonable request
Do I Need a Lawyer To Break My Lease?
If you are a tenant or a landlord and you have any questions about your right to terminate your lease, it is important to consult with a New York landlord tenant lawyer. Your lawyer can review your lease and give you an idea of the legal options you have.
If your dispute does go to court, your landlord tenant attorney will represent you, whether you are the tenant or the landlord. As a landlord, your attorney will make sure that you are in compliance with the termination laws in New York and that you are terminating your lease for a legally acceptable reason. This can help you avoid having to pay a previous tenant damages because of a lawsuit.
As a tenant, if you want to terminate your lease, your lawyer will make sure you provide proper notice in accordance with your lease agreement and local New York laws by terminating your lease for a legally acceptable reason. This will help you make sure your landlord cannot sue you for the rest of your lease amount.
Your attorney can also help you negotiate with the other party to reach an agreement that works for both of you. Using LegalMatch’s free and convenient lawyer matching service, you can find a New York landlord tenant attorney near you who can help you resolve your lease termination issue.
