Breaking a Residential Lease in NYC: Know Your Rights

Breaking a lease in New York City isn’t always simple, but in certain situations, you have the legal right to terminate your lease early—and your landlord can’t force you to stay or pay penalties. If you believe you qualify for early termination, I can help by sending a legal demand letter to your landlord asserting your rights and demanding lease termination.

Legally Acceptable Reasons to Break a Lease in NYC

While most leases require you to pay rent for the full term, New York law allows tenants to break their lease early under specific circumstances, including:

 Unsafe or Unlivable Conditions – If your apartment has serious health and safety violations (lack of heat, mold, pest infestations, etc.) and your landlord refuses to fix them, you may have grounds to terminate your lease under the warranty of habitability.

 Landlord Harassment or Illegal Actions – If your landlord illegally locks you out, shuts off essential services (heat, water, electricity), or enters your apartment without notice, you could have a legal basis to break your lease.

 Military Duty – Active-duty service members can terminate a lease under the Servicemembers Civil Relief Act (SCRA).

 Domestic Violence Protections – If you are a victim of domestic violence, New York law allows you to break your lease with proper documentation.

 Your Lease Includes an Early Termination Clause – Some leases allow you to break the lease early with proper notice and a fee.

What Happens If You Break a Lease Without Legal Grounds?

If you don’t qualify under one of the legal reasons above, your landlord may try to:

 Charge you for remaining months of rent
 Withhold your security deposit
 Send you to collections or sue for unpaid rent

However, landlords must try to re-rent the apartment as soon as possible (this is called the mitigation of damages rule). If they find a new tenant, they cannot charge you rent for the months they collect from the new tenant.

Need to Get Out of Your Lease? We Can Help.

If you believe you have a valid reason to break your lease, I can send your landlord a formal legal demand letter asserting your rights and demanding lease termination. This puts legal pressure on the landlord and can help negotiate your release without unnecessary penalties.

Don’t risk losing money or facing legal consequences—contact me today for a consultation and let’s get your lease terminated the right way.

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ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

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