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 your lease does not allow for early termination, you may still be responsible for the rent until the lease ends, unless you can show that the landlord violated the lease terms. Your ability to cancel depends on your reasons for wanting to leave and whether you can prove a breach by the landlord.
Landlords are required to mitigate damages by trying to relet the apartment. This means they should make reasonable efforts to advertise and show the unit to potential tenants. Courts will look at the specific circumstances to determine if the landlord has made sufficient attempts to relet the property. Factors considered may include the reasons for rejecting prospective tenants and the landlord's availability to show the apartment.
You might also negotiate with your landlord to allow you to sublet the apartment or agree on a payment to end your 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.