Legal Question in Landlord & Tenant Law in New York
my husband and i have a 1 year lease as tenants, we are 6 months into the lease, my father is ill and lives an hour away, i have to travel an hour one way with 3 kids under the age of 4, every other day, i want to relocate closer to my father, but landlord said it's illegal for me to break the lease, even though we have have someone who would like to move into the apartment, what are my legal options?
2 Answers from Attorneys
Although breaking the lease is, essentially, breaking a contract, the landlord has the duty to mitigate damages.
If you have an individual with the same qualifications as you that is ready to assume the lease, you must present this option to the landlord - in writing. Thereafter, if you must break the lease, and if you are sued, you would have the ability to argue that the landlord failed to properly mitigate damages when offered an individual with the same qualifications and the ability to pay the same rent as you.
Mike.
You always must be guided by what was agreed upon in the lease. That being said, in your letter to the landlord you should be guided by the Real Property statute. The landlord has 30 days to reply to your letter to give consent or, if does not give his/her consent, the reasons therefor.
If you need someone to draft the demand letter feel free to contact me.
James
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