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Many New Yorkers don\u2019t know how to go about breaking their lease. So when life comes along with other plans, like a new job forcing a relocation, breaking a lease<\/a> can feel daunting and spark fears of being dragged to housing court.<\/p>\n But there\u2019s no need to assume the worst-case scenario, said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. \u201cWhat most renters don\u2019t know is that the law actually incentivizes New York landlords to work with their tenants to find someone to take over the lease.\u201d<\/p>\n In New York, landlords are required to mitigate damages<\/a> when a tenant breaks a lease. This means that they have to make a good faith effort to rent out the apartment at either the same rent or at the current market value, whichever one is lower.\u00a0<\/p>\n \u201cBut if your landlord listed the apartment at a higher rent, they can\u2019t then sue you for damages,\u201d Pierre-Outerbridge said. \u201cIt\u2019s a clear violation of the mitigation statute. They\u2019d be directly benefitting from your choice to vacate, so I\u2019d balk at any lawsuit.\u201d Pierre-Outerbridge recommends documenting the listing as proof should a lawsuit come to pass. It could help you get a suit dismissed quickly without having to go to housing court.\u00a0<\/p>\n However, that alone doesn\u2019t absolve you of your duty to fulfill the remainder of your lease, and vacating without any communication with your landlord would be a big risk. \u201cIt\u2019s still in your best interest to remain cooperative so you don\u2019t have to pay more than is necessary, because you are still on the hook until a new tenant takes over,\u201d Pierre-Outerbridge said.<\/p>\n One of the best ways to show cooperation is to help find another tenant to take over the lease. \u201cEspecially if you have to relocate quickly, it\u2019s in your best interest to find someone that can move in as soon as possible so you aren\u2019t stuck paying rent for an apartment you aren\u2019t living in for several months,\u201d Pierre-Outerbridge said. \u201cYour landlord will want to approve the new tenant, so make sure they can provide clear proof of income<\/a> and financial history. \u201d<\/p>\n From there, the landlord can assign the lease <\/a>to the new tenant or you can request a sublease. \u201cMake sure you understand which type of agreement you are entering into, as a sublet keeps you responsible to meet lease obligations,\u201d Pierre-Outerbridge said.\u00a0<\/p>\n Even if you are able to find someone to take over your lease, it\u2019s worth further inquiry into other charges that you may owe. The rent laws passed in 2019<\/a> \u201chelp protect tenants as far as the remainder of the monthly rent payments are concerned. It does not however specify how other potential fees may be handled,\u201d\u00a0 Pierre-Outerbridge said.\u00a0<\/p>\n Though most leases are unlikely to include specific language that penalizes breaking the lease, Pierre-Outerbridge still suggests that tenants review their lease to see whether it outlines any additional fees, or how your security deposit may be impacted. \u201cSince landlords are required to mitigate damages and find a tenant, they can\u2019t exactly withhold the security deposit, but they may argue that they can use it to cover fees that they incur to re-rent the apartment, like repainting or hiring a brokerage,\u201d Pierre-Outerbridge said.\u00a0<\/p>\n Ultimately, your goal is to pay as little as possible to get out of your lease, so do what you can to find a new tenant that can take over monthly rent payments. \u201cYou want to get your landlord out of your hair as quickly as possible, and presenting them with a new tenant will make that easier,\u201d\u00a0 Pierre-Outerbridge said.\u00a0<\/p>\n Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here.<\/a> To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.<\/a><\/em><\/p>\n<\/div>\nHow to fulfill your duty<\/h2>\n
Check your lease for other fees<\/h2>\n