Breaking a Lease in New York

amother

Fri, Oct 20 2023, 4:57 pm

We are hopefully moving abroad next summer for a new job opportunity. Issue is that we are currently in the process of moving apartments (bad timing, but our last apartment had mold and we had to leave). I am nervous about moving since anywhere we move to will have a one year lease. How will it work if we are going to end up breaking the least 3 months early? Should I worry about it then?

amother

Bluebonnet

Fri, Oct 20 2023, 5:58 pm

You will need to communicate to your management and ask them for permission to break your lease.

amother

Obsidian

Sat, Oct 21 2023, 7:21 pm

I would recommend being up front about it. Don't wait till a week before you're moving and then give notice. You risk losing your security deposit as well as being held responsible till the end of the lease term.

amother

Bottlebrush

Sat, Oct 21 2023, 7:48 pm

Tell them now. They might be ok with it. Because it’s easier to get a new tenant in September than November

tweety1

Sat, Oct 21 2023, 9:32 pm

Please don't take on a even a year lease with the intention to break it early. That is the most immoral thing to do to a landlord.

amother

Celeste

Sat, Oct 21 2023, 10:31 pm

You may lose your deposit and owe them the last few months rent.

We moved due to job relocation and had to break our lease. But we also lived in our apartment for years, it wasn't a new lease. We called the main office and they said if it was job relocation, they need a letter from work, and then they'd allow me to break the lease. They said I was not obligated to pay the rest of the months on my lease, but that I would also not get my deposit back.

amother

Nemesia

Sat, Oct 21 2023, 10:50 pm

I work in property management. We have this all the time. We usually charge a lease termination fee equal to one month's rent. We sometimes agree to waive it if they're moving out at a time when it's very easy to find a replacement tenant (like in middle of the summer). If we don't get 30 days notice we continue charging rent for 30 days after receiving notice plus the termination fee.

amother

Smokey

Sat, Oct 21 2023, 11:14 pm

Just ask to do a month to month lease instead. Usually there is a higher rent rate but you’ll probably save in the long run if you know you’ll be breaking early.

We tried to break our lease early for job relocation, and were told the fee is equivalent to 2 months rent

amother

Sun, Oct 22 2023, 6:00 pm

thank you everyone.
if I tell them now we want to move next summer no one will let us move to their apartment since its only from now until next summer. None of the apartments we have looked out allow month to month rent. They all usually want a minimum of 2 years, but it might be possible to find one year term for lease. We are still looking for an apartment, for now we are staying in a family friends basement apartment but its difficult with a few kids and its only temporary. Why is it immoral to tell them next June 2024 and that way they will have 2 months notice? I thought in NY you just have to give 30 days notice before moving?

icedcoffee

Sun, Oct 22 2023, 6:29 pm

amother OP wrote:

I thought in NY you just have to give 30 days notice before moving?

You're probably thinking of giving thirty days before the end of your lease if you're not going to renew. Not any random thirty days in the middle of the lease. Otherwise what's the point of a lease? It's to protect both of you - no one would want a situation where landlords could suddenly break the lease in the middle either. You would technically be on the hook for the duration of the lease unless the landlord chooses to be generous about it. They don't legally have to.

amother

Puce

Sun, Oct 22 2023, 6:30 pm

Treat your landlord the same way you would like to be treated with your lease. Imagine the landlord would break the lease

amother

Bluebonnet

Sun, Oct 22 2023, 6:34 pm

If you sign a 12 or 24 month lease, your are bound to that commitment. If you were to move out early, even if you provide 30 days notice, your landlord can legally charge you for the remainder of your lease/send your info to a collections agency.

amother

Sun, Oct 22 2023, 6:42 pm

Oh wow ok. So what are my options? Stay until the lease is complete? But then what do I do about my kids and school if we are moving to a different country and it will be the middle of the school year?

amother

Sun, Oct 22 2023, 6:44 pm

amother Puce wrote:

Treat your landlord the same way you would like to be treated with your lease. Imagine the landlord would break the lease

If they were good people, paid on time, and moved because of a new job opportunity I wouldnt hold it against them. As long as they found someone else to take over the lease. Would that be an option?

tweety1

Sun, Oct 22 2023, 7:38 pm

amother OP wrote:

If they were good people, paid on time, and moved because of a new job opportunity I wouldnt hold it against them. As long as they found someone else to take over the lease. Would that be an option?

It would ordinarily but not if you're taking out a lease knowing full well that you're going to break it early. That is so wrong on so many levels.
Exp, you sign a 2 year lease. 7 months in dh gets an amazing offer in a different town and has to move closer. That's very different from you're signing a 1 year lease knowingly that you're going it go break in 8 months. You don't see the difference??

amother

Sun, Oct 22 2023, 8:05 pm

tweety1 wrote:

So what am I supposed to do in my situation? Turn down the job and stay until my lease is done in a year? We dont even have anywhere to move yet, hopefully we can find something within the next 2 weeks

amother

Bottlebrush

Sun, Oct 22 2023, 8:31 pm

Would moving to a slightly different area help you find a month to month apt for example Williamsburg to boro park. Still close enough to commute to school for the next six months but different housing options.

amother

Sun, Oct 22 2023, 8:33 pm

amother Bottlebrush wrote:

I do not live in Brooklyn. Williamsburg or Boro Park are over an hour from DC playgroup an hour and a half from my work. Do I have other options?

Amarante

Sun, Oct 22 2023, 9:05 pm

A landlord does have a duty to mitigate damages by seeking another tenant so they can't charge you for the remainder of the lease and not put the apartment out for rent.

In New York City, the issue is probably moot since there is such an extreme shortage of apartments. Many landlords - with proper notice - would be fine with a tenant vacating early because they can lease it easily and probably increase rent a bit - based on whether it is rent stabilized or not.

You would probably lose your security deposit at the very least.

tweety1

Sun, Oct 22 2023, 9:26 pm

amother OP 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.