Legal Question in Landlord & Tenant Law in New York

Re: Terminating Lease

Probably not.

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Re: Terminating Lease

There are two (2) possible answers. Which is correct depends on the facts. The first is that you paid the entire rent before leaving. Then you can definitely get a refund on the part now being paid by the new tenant.

The second is that you paid only a small part of the rent due on the remainder of the lease. Then you are out of luck.

The issue is: how much rent paid will entitle you to a refund? Less than 100%, but more than 60% is my judgment.

This is a very abstact and theoretical issue in the area of contract law. The case rests on 'allocation or assumption of risk'.

This is the type of question for which you will get different answers from different lawyers; and different judges! But I am confident that the answer I gave is the correct answer.

I am also confidant that I can communicate my understanding of the law on this issue to a judge.

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