Legal Question in Real Estate Law in New York

Liability of tenant when landlord won't re-rent

My husband and I were renting from my former boss, an attorney. I had to quit working from him and we could no longer afford to rent the home. We turned over the keys , and moved to a new city, new jobs, which we have since lost (the jobs). A lawyer at my new job said that we were not liable to pay rent if we did not have a key. We moved out on Nov. 27, 2000, and paid rent for December 2000 and January 2001. We did not pay for February's rental. My husband and I had placed ad in the paper to sublet the home and the landlord's realtor actually REFUSED to show it to one of the prospective tenants due to the fact that she was a student. The landlord's only efforts to rerent have been by his realtor showing the property to select people. Is landlord obligated under NY state law to make a ''good faith'' effort to re-rent, if so, what constitutes that ''good faith'' effort? A picky realtor? He has now threatened to commence action against us for the balance of the lease. Again, can this happen if he has NOT made that effort to rerent? Does the fact that his realtor is turning away viable tenants help our side of this case? And finally, what is the worst that could happen to us if this came to suit and he won.


Asked on 2/22/01, 3:34 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: Liability of tenant when landlord won't re-rent

The tenant is liable for all rent up to the end of the lease period, minus any rent from a new tenant that has rented the premises, however the landlord has no obligation to rent the premises. The lease is an enforceable contract until its expiration.

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Answered on 4/20/01, 8:46 pm


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