Legal Question in Landlord & Tenant Law in New York

Breaking lease due to job loss

Am posting this question in ''real time''. Would greatly appreciate a prompt response. Six months into a one year lease, my spouse notified that employment contract will not be renewed. Thus, our income reduced. Found another residence that will suit our new situation perfectly: smaller, lower utilities, closer to mass transit, long-term lease, etc. Prior to advising landlady of our intention to break the lease and vacate the property, we ask the following: 1. Does she have a duty to mitigate damages by actively seeking to rerent? We have heard/read conflicting information on this point. 2. If we advise landlady of our intention to vacate prior to actually doing so, can she change locks and hold our belongings? We are reasonable people and willing to forfeit security deposit and facilitate showing the property. For what it's worth, the home looks far better than when we rented it (clean, tastefully decorated). We appreciate any input. Our long-term situation is bright but the prospect of a lawsuit for breaking the lease and perhaps losing our possessions is a dark cloud.


Asked on 11/15/05, 3:50 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Breaking lease due to job loss

1) IN NY your landlady would have a duty to mitigate but can offset mitigation by necessary expenses incurred (advertising, cleaning, painting etc). Mitigation only need be reasonable assuming that landlady has made reasonable efforts to rent, but is unable to do so you are responsibile for the remainder of the lease for the period she is unable to get a new tenant.

2) She cannot legally change the locks prior to your abandonment of the leasehold provided you remain in compliance with the lease and continue to pay rent.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Read more
Answered on 11/16/05, 11:12 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Breaking lease due to job loss

You and your wife have my sympathies. Good luck on future employment.

Regarding your 2 questions;

1. yes, she must mitigate. Also, you can bring her a reasonable tenant and, if she chooses not to accept the tenant, your duties under the lease are excused. Rent deposit and everything. You have a successful and full defense to al, of her claims.

2. This would be a 'self-help' remedy and is strictly prohibited by law.

Read more
Answered on 11/16/05, 5:10 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New York