Legal Question in Landlord & Tenant Law in New York

Lease Termination

I signed a lease in April of this year for a one year lease (I've currently been in the apartment for nearly 3 years) that runs July 1, 2003 - June 30, 2004. At the time I was separated from my wife but we had agreed that things were working out well and that we should go ahead and sign the lease which we did. However, it did not work out, and she is now out of state and we are divorcing. The rent is quite high and with the loss of half of an income I am finding it difficult to meet all current creditors ( I am not behind on rental payments or any other bills) but I am nervous that this may not be the case as my savings is dwindling. I don't want ot damage my good credit but the monthly rent is too much to bear Do I have any recourse to break the lease on a hardship or some other means?


Asked on 10/31/03, 10:51 am

3 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Lease Termination

Find a new tenant to take over. The landlord must accept a reasonable new tenant if you are unable to continue under the legal doctrine of 'mitigation of damages'. You may also get a roommate.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 10/31/03, 11:40 am
Mitchell Drucker Law Office of Mitchell S. Drucker

Re: Lease Termination

Why don't you try to talk to your landlord? Often times, honesty is the best policy.

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Answered on 10/31/03, 9:18 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Lease Termination

You cannot legally break a lease based on hardship. If your lease doesn't allow for sub-leases(many don't), you should talk to your landlord about the situation. He may be accomodating to you. It is possible that he may ask for another month or two of rent (which would probably be less than you would owe should he win an eviction against you for repudiating the lease), but this is a situation where you need to talk to your landlord and be honest about the situation.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 11/03/03, 10:41 am


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