Full question:
I LIVE IN NEW YORK AND I SIGNED MY LEASE ON 11/10/2010 I WANT TO CANCEL BECAUSE A SECOND LOOK AT HE APARTMENT I DIDN'T LIKE IT. THE NEIGHBORS ARE NOISY . MY LEASE DOESN'T 'START' UNTIL THE 15TH. WHAT ARE MY OPTIONS?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: New York
Answer:
If the lease terms don't allow for early termination, the tenant may be held liable for the remainder of an unexpired lease, unless the tenant can prove a breach of the lease terms by the landlord. The answer will depend on the tenant’s reason for moving out and whether the tenant is claiming a breach of the lease terms. However, the landlord has a duty to mitigate (lessen) damages by making reasonable attempts to relet the premises. This generally means that the landlord must advertise the premises and make attempts to show the premises to prospective tenants. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved, whether reasonable attempts have been made to relet the premises. Some of the factors that may be considered, among others, include the reasons for turning down the prospective tenants and whether the landlord is in fact out of town and unable to show the premises. It may also be possible to have the landlord agree to have you sublet the premises or to accept some form of payment in return for agreeing to let you out of the lease early.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
