Breaking a Lease in New York

amother

Sun, Oct 22 2023, 9:29 pm

tweety1 wrote:

I feel bad for you. You're really stuck. But you have to do the moral thing. If my tenant would do such a thing I'd be fuming mad. Maybe go into a furnished apartment. A furnished apartment is usually month to month.

Why fuming mad if I would potentially find another tenant for them?
Amarante- What do you consider proper notice if there is a lease in place? Even now we are having such a hard time finding an apartment because there is nothing available

amother

Pewter

Sun, Oct 22 2023, 9:35 pm

I'm quite surprised by many of these replies. I worked in property management for years. We constantly had tenants breaking their lease. OP, you're very likely looking at losing your security deposit (which is capped at one month's rent, legally). But if you're planning on moving in June 2024, you should let your landlord know at least 30 days prior to that so that he can find a new tenant.

Legally you can be on the hook for the remainder of your lease, BUT
1. I have never encountered a situation where a landlord actually sued a tenant for the remaining months of the lease after they moved out
2. Even if they can sue for the remaining lease term, they're only entitled to any months where the apt is vacant. So if they find a new tenant as of August, and you had moved out May 31, for example, then the most you'd legally be liable for is June and July. But back to point 1 - I have never actually heard of a case where a landlord made a former tenant pay for months that they had already moved out.

Also just a note that a landlord of multiple properties would probably give you an easier time than a small landlord who is renting out a private home.

amother

Sun, Oct 22 2023, 9:37 pm

Thank you Pewter. We of course want to do the right thing as frum jews.
I also dont want to put my life on hold and not move if this opportunity is still available. Listen, maybe the job next summer will fall through and we will actually stay until lease is up, but I just wanted to double check before doing anything. I just feel like I am in no mans land not living in my own space at the moment.

amother

Bluebonnet

Sun, Oct 22 2023, 9:50 pm

Can you negotiate a month to month lease?
I lived in NYC for a number of years and for the last two years of our yearly lease, I negotiated with the landlord to have the right to break the lease because we knew that it was possible that we may move out of town in the summer time. (We did end up moving in the summer...)
Each and every management company has their own policy. It may be worthwhile to float the idea of needing to end your lease early and it's very possible that they may work with you.

tweety1

Sun, Oct 22 2023, 10:12 pm

amother OP wrote:

So I have an apartment for rent. You want it, I inquire, do my research and agree to give it to you. You break the lease. You find me a new tenant. While inquiring about those people I find out that they're people who I would never let live in my apartment. Now you're off the hook because you "found" somebody to take over the lease. It's now my problem that I don't want these people.

tweety1

Sun, Oct 22 2023, 10:17 pm

amother OP wrote:

Depends on what kind of an apartment and the condition. But in Brooklyn typically 2-3 months and you'd have make your apartment available so we can show it to potential tenants. My last tenant was a slum tenant to put it mildly. There was one thing they did right; they gave me adequate notice. We negotiated to be able to show it to potential tenants once a week. I found that reasonable.

amother

Sun, Oct 22 2023, 10:51 pm

tweety1 wrote:

So are people supposed to put their lives on pause so the landlord doesnt get upset? Not asking sarcastically, asking if thats what you suggest...

What kind of people would you not live in your apartment? were looking in frum areas and wed find another frum couple/young kollel couple who would take over probably. Again this is all theoretical, could be the job next summer will fall through

tweety1

Mon, Oct 23 2023, 2:29 am

amother OP wrote:

You seriously don't realize that it's the wrong thing to do? Going into a lease knowingly that you're going to break it?!?! Banging head

I don't what what you should do. But it's mind boggling how you seem to think that just because you are stuck you can potentially stiff a landlord. That is just so selfish beyond woa Banging head

tweety1

Mon, Oct 23 2023, 2:32 am

amother OP wrote:

There can be a hundred reasons why I wouldn't want people to live in my apartment. Either because I find out they're not clean, they don't pay on time, don't have a reasonable income; these are just a few reasons.

amother

Navyblue

Mon, Oct 23 2023, 3:22 am

amother OP wrote:

You keep repeating “what are people supposed to do”- they are supposed to consider the last 2 months rent in their moving costs- unless the landlord is nice enough to let them off early. Seriously how is this the landlord’s problem??

tweety1

Mon, Oct 23 2023, 7:11 am

amother Navyblue wrote:

THANK YOU! THANK YOU Director

mommyhood

Mon, Oct 23 2023, 1:41 pm

amother OP wrote:

We knew while we were househunting that we might have to pay rent on our apartment if we left mid lease and couldn't find a replacement tenant. Yes it's money I would prefer not to pay but as a frum person with a valid lease it's my legal and halachic obligation to follow the terms I agreed to. Someone mentioned above that she hasn't seen a landlord sue for the rent but we paid it on our own it was the only option we considered. Thankfully our landlord worked with us to find tenants and we only had to pay for a short time but we knew that it was a potential additional moving cost.