Legal Question in Real Estate Law in New York

Early termination by tenant of a yearly lease

My husband and I have found it necessary to terminate a yearly lease after both receiving job opportunities in another part of the state which requires us to move. We are only four months into our current lease; landlord is an attorney. Landlord claims he is under no obligation by NY state law to mitigate damages by rerenting premises. Property is in an extremely desirable section of town. Landlord has also claimed that if he can get other tenants at a lesser amount of rent, we will be required to make up the difference for the remainder of the lease and he has no qualms about ''double-dipping'' (i.e., going after us for full balance of rent under lease, as well as renting to new tenants). Is such double charging legal? Is landlord required to mitigate and if he does find other renters for cheaper rent, can we be held liable for the difference? Thank you.


Asked on 11/16/00, 10:11 am

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

Re: Early termination by tenant of a yearly lease

Landlord cannot double dip, but can hold you for any shortfall, if he re-rents at a lower rental, and also charge you any commissions if he uses a broker to get a replacement tenant. Does the lease prevent you from subletting. Perhaps you could find a new tenant - ask the landlord for the right to sublease, with you guaranteeing the lease until the term ends. If he refuses, you may have the right to break the lease based upon his refusal. You might also consider his refusal as tortious interference with a business relationship due to your potential loss of a new job - and have him be responsible for your income loss, based upon his refual. This may not be vaiable, but is a good threat.

Walter

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Answered on 12/15/00, 12:34 pm


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