Legal Question in Real Estate Law in New York

Re: What can I do when my tenant breaks the lease?

If your tenant is consulting an attorney, you should as well.

Your rights in this situation will be dictated by the lease. Read the document and see if there is anything which addresses this situation. If you are confused by the legal-ese in the document, consult an attorney.

As a general rule, a lease is like a contract, it dictates the rights and responsibilities of the parties. This rule is modified by the interest of the state in ensuring people have a place to live. Most landlord-tenant laws favor tenants because of the unequal bargaining power of the parties. Keep this in mind as you read your lease.

Re: What can I do when my tenant breaks the lease?

There is an obligation to mitigate damages

in the residential leasing area so you must

make every effort to relet the property

Once relet you may technically sue her for

the rent lost during the period of vacancy

and any difference in the rent

Also for damages and for costs in reletting

But this also presumes she does not have a

legal right to move out, which cannot

be answered from the facts submitted.