Legal Question in Landlord & Tenant Law in New York
Terminating a Lease
I have signed a lease agreement to rent an apartment with 3 other people at my college. However, since signing the lease I have made other plans for next semester and will be unable to live at that house. If have been told by the management company that my only options are to find a sublet or to pay the rent even though i will not be living there. Is there any legal solution to perhaps terminating the lease early or some other method to get out of the lease? Thank you very much.
2 Answers from Attorneys
Re: Terminating a Lease
The presence of 3 roommates makes this a bad case for you. The mgmnt is right: find someone to take on your obligation.
Re: Terminating a Lease
When you sign a lease agreement you are making a contract and giving your word, in writing, that you will abide under the terms of the contract.
The management company is correct in that you should find a sublet. That takes you off the hook finanically and makes the management company whole.
If you break the lease, the management company has a duty to mitigate damages. However, until the time that they mitigate damages (if ever), you will be responsible for the rent.