Legal Question in Real Estate Law in New York

Breaking a lease

I am in 7 months into a one year lease. My apartment building was just sold, so I have new landlords. I am trying to get out of my lease. They said they would let me out as soon as they can find new tenents, but they will not give me a date as to when they are looking to fill the apartment. Since the new landlords names are not on the lease, is it still binding? What sort of legal action can they take if I give them a thirty day notice that I am moving out May 30, 2000, that they may keep my security deposit, and that I will pay through the month of june?


Asked on 4/21/00, 12:29 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Breaking a lease

The new landlord-owner automatically becomes a party to the existing lease and no new document is required. If you attempt to break the lease before its termination, the landlord can hold you to the balance of the rent or, if they can find a replacement tenant, any differential in the rent you pay and the new rent, if less than what you pay, for the remainder of the term. The landlord can also be reimbused for damages such as advertising for the new tenant, brokerage commissions if a broker is used, etc.

Best is to negotiate a deal for early termination.

Walter D. LeVine

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Answered on 5/23/00, 10:31 am


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