Legal Question in Landlord & Tenant Law in New York

Breaking a lease

My fiance signed a standard Blumberg A 185 rental agreement. We are in NY. It would be benefial to not have such a large space. Is my fiance able to brak the lease providing he gives his landlord sufficient notice? I'm not from NY so I am not sure if this can be done, if my fiance is unable to or will be liable for the full term of the lease or what constitutes sufficient notice. 1 month, 2 months or more?

Thanks


Asked on 8/29/08, 3:08 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Breaking a lease

To break the lease means that you are violating its terms and conditions. Like any other contract, a breach has certain ramifications. Your fiance may be responsible for the rent for the remainder of the lease term. However, in NY there is a duty on the landlord to mitigate damages. This means the landlord must try to re-lease the apartment.

Therefore, to answer your question, your fiance should attempt to find someone to take over the lease. That way any damages to the landlord would be reduced.

Mike.

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Answered on 8/29/08, 3:16 pm


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