Breaking a Lease in New York
Most tenants sign a lease agreement with the plan to stay for the full duration of the lease term. However, sometimes it’s not possible to stay until the formal expiration date.
Here are some common reasons a tenant may want to break a lease in New York:
- Wanting to live closer to elderly parents.
- Moving in with a significant other.
- Getting a new job in a different location.
These reasons don’t have the legal justification for early termination. However, there are some exceptional cases that provide legal grounds to break a lease in New York. A New York landlord must be aware of them should such a situation arise.
Ending a Lease Early
Lease agreements obligate both you and your renters for a defined amount of time, such as one year. After signing a lease agreement, renters are legally bound to paying rent for the full lease term.
It is of no significance whether they actually live in the real estate property or not. Regardless of their physical location, they have a duty to pay the rent due until the lease agreement expires.
Even though the lease agreement is a legally binding document, there are laws in place that allow for exceptions. Under specific circumstances, your tenants can legally move out before their term ends.
Getting Out of a Lease – Legally Justified Reasons
Let’s take a closer look at legally justified reasons for breaking a lease in New York:
#1: Active Military Duty
Under New York law, if a tenant enters, or is already part of active military duty, they can break their lease. This specifically applies to uniformed services, which includes the following branches:
- Armed Forces.
- Commissioned Corps of Public Health Service.
- Commissioned Corps of the Oceanic and Atmosphere Administration.
- Activated National Guard.
In this situation, your tenant can provide you with a lease termination notice that states the reason for terminating a lease. After submitting this handwritten notice, the tenancy ends thirty days after the next rent payment is due.
#2: Victims of Domestic Violence
According to New York state law, domestic violence victims have early termination rights. However, there are certain conditions that renters need to meet in order to do this. For instance, your tenant has to secure a court order of protection. You should remain up to date on these conditions at all times.
#3: Termination of Lease because of Harassment or Privacy Violations
New York doesn’t have statutes that would specify how much notice you have to give your renters before entering the real estate property. Still, you must understand privacy rights and repeated violations or breachings of these rights are not tolerated under the law.
Tenant harassment includes the following actions:
- Turning off utilities for retaliation.
- Sexual harassment.
- Removing windows or doors.
- Changing locks without prior notice.
In most cases, harassment justifies terminating a lease. No obligation to pay rent due would follow.
#4: Moving to a Residential Facility for Seniors
Under New York law, tenants who are 62 years of age or older who can’t live independently anymore have the right to break the lease. This is provided they are moving into a nursing home or similar type of senior citizen housing.
#5: Inhabitable Rental Unit
New York has health and safety codes that set the minimum standards for rentals. Should the real estate property not meet these standards, your renters must notify you immediately so you can make the appropriate changes. Your tenant could be “constructively evicted” if you do not make repairs within a given time period.
Here are some of the ways a rental unit must be kept habitable:
- Electrical, heating, plumbing, sanitary, and ventilating systems are in good order.
- Appliances are safe and in good condition.
- The property and public areas surrounding it are free of garbage and vermin.
#6: Breaking a Lease via Early Termination Clauses
Recently drafted leases often include terms that would allow tenants to terminate a lease. The lease should outline the amount of notice required as well as the fee. For example, the clause could specify a notice of 45 days and a penalty worth of one months’ rent for a tenant who wishes to break their lease early.
Non-Justified Reasons to Break Your Lease
Many states have laws that allow early termination of tenancy that New York does not. For instance, failure to include disclosures or landlord lease violations is not a valid reason for lease termination in New York.
However, it’s always possible that you and your tenants reach a mutual understanding. In this case, there is no reason the dispute has resulted in a civil agreement and there is no need to turn it into a legal dispute.
Breach of Lease – New York Re-Rent Laws
You may wonder whether you need to re-rent when your tenant breaks their lease. While needing to re-rent is a necessity in some states, New York doesn’t have a clear stipulation on this.
The best approach is to have your tenants proactively find a replacement renter. The new tenant needs to be properly qualified to rent. For instance, they should have great references and a decent credit score.
Breaking a Lease in NY State – Conclusion
Lease agreements are legally binding contracts. Your renters need to pay their rent payments until the lease agreement reaches its expiration date.
The following are the legally justified reasons why your tenant could break their lease early:
- Inhabitability of the rental unit.
- Harassment or regular privacy violations from you as their landlord.
- Following through with an early termination clause.
- Moving to senior citizen housing.
- Being subject to domestic violence.
- Active military duty as part of the uniformed services.
- Reaching a mutual understanding with you without intervention.
Bottom Line: Breaking Your Lease in New York
As a tenant, you may wish to break your lease early for many reasons, including wanting to live closer to elderly parents, moving in with a significant other or getting a new job in a different location.
Some reasons are legally justified under New York law, while others are not.
Whether you’re a New York landlord or tenant, we hope this article was helpful!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney. Laws frequently change, and this post might need updating at the time of your reading. Please contact Sterling Property Solutions at (914) 355-3277 for any questions you have in regards to this content. You can also contact us in regards to any other aspect of your property management needs.