Legal Question in Landlord & Tenant Law in New York

breaking a lease

I was told by a relestate agent that if i break my lease i must pay rent for the months that i will not be there. I am breaking the lease in august, the lease isnt up until november.

I think that my landlord is being pressured by the relestate agent.

Indra


Asked on 6/08/03, 7:51 pm

4 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: breaking a lease

NY City is an exciting place to be a tenant. This is actually an easy question.

While your landlord is correct, this is not the entire answer. Your landlord must take steps to rent the apartment. He cannot merely leave it empty and sue you. Therefore, if your apt has a high demand then you will owe nothing and you have a right to most of your security deposit. On the other hand, if it is difficult to rent you may have a problem. You are welcome to a consultation at my offices at no fee. I am at 42 West 44th Street, NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 6/09/03, 9:43 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: breaking a lease

Indra: Pressured by the RE agent to do what? Yes, if you break your lease you are responsible to pay for the months the apt goes empty until the end of your lease. If the landlord re-rents the apt. you will be off the hook.

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Answered on 6/08/03, 8:23 pm
Darren Oved Oved & Oved LLP

Re: breaking a lease

IT's Hard to give you an answer withthe limited facts you have presented.

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Answered on 6/09/03, 7:59 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: breaking a lease

Hi Indra, it's not so simple as yes you'll owe or no you won't, While you are responsible for all rent payments you have committed to during the term of your lease, in New York a landlord has a duty to mitigate his damages, that is he just can't sit on an empty apartment and rack up damages agaisnt you, he needs to actively seek out a new tenant. Should you like to discuss this matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/09/03, 9:55 am


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