Legal Question in Real Estate Law in New York

Husband's job has relocated him out of state. Had to take job or face lay-off and loss of benefits. Gave apartment complex written notice we have to leave by 11/15/09. Are being told we will still be responsible for rest of lease (June 2010 - $13,370). We had no idea about the relocation when we signed the lease back in June 2009. Seems unreasonable to expect my husband to become unemployed just to satisfy their lease. They say they will do "their best" to rent the apartment, but I don't see what the motivation will be if they think they will be getting rent anyway and how we will know from Texas? We certainly cannot afford rent in two States. We will have to live in a hotel room if we have to pay their lease. Do we have any options?


Asked on 11/06/09, 6:58 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

The landlord has a duty to mitigate. In other words, the landlord has a duty to attempt - in good faith - to relet the apartment.

However, you may also help the landlord rerent the apartment. If you find an individual to take over the lease, that may allow you to break the lease without incurring damages.

Mike.

Read more
Answered on 11/11/09, 8:05 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York