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breaking a lease

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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breaking a lease

Postby eb3 » Tue Mar 29, 2016 11:03 am

I'm the leaseholder of a rent stabilized apartment and the lease will expire 9 months from now. I need to move and will have to break the lease. I've contacted the management company, they said they require a 30 day notice along with a notarized letter stating my intention to move and where I would like the deposit forwarded. They didn't mention anything about providing someone to sublet for the remainder of the lease.

I'd appreciate any thoughts on this process, is there anything I need to be aware of or steps to protect myself. I will follow the directions of the mgmt company but wondering if I need to do anything more. I'm assuming I won't be getting my deposit back. Thanks for any help
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Re: breaking a lease

Postby BubbaJoe123 » Tue Mar 29, 2016 7:44 pm

How this turns out depends heavily on the details of your situation.

As the law stands, the LL doesn't have to let you break the lease - he could require you to pay out the full remaining period of the lease. There's no landlord obligation to mitigate in NY. If he re-rents the place, though, he can't double-dip.

That said, if your lease is well below market, the LL may be happy to have you go, and would waive the right to collect on the remainder of the lease and give you your deposit back.

In any case, before you submit the letter stating your intention to move, make sure it's clear, and in writing, whether the landlord is releasing you from your obligation to pay out the remainder of the lease.
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Re: breaking a lease

Postby Rosita » Mon Apr 04, 2016 1:03 am

I am going to be doing the same thing soon. If I don't get my security deposit back, do I take the landlord to civil court? My reason for moving is warrant of habitability-- the boiler is defective and my apartment does not get legal heat if the temp. dips below 40 outside, and the stove is defective. Thanks.
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Re: breaking a lease

Postby TenantNet » Tue Apr 05, 2016 4:10 am

You can deal with deposits by going to the NYS Attorney General, or start a case in Small Claims Court if the amount is $5,000 or less.

As for moving, the LL might claim you are responsible for the rent until the end of the lease. A defense to that is Warr. of Hab. But it's unlikely that Small Claims Ct. will adjudicate that issue. Make sure you get heat violations by the city to document things. Keep a log.
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Re: breaking a lease

Postby eb3 » Thu Apr 07, 2016 5:54 pm

Thank you for the good advice. I'm definitely going to ask for confirmation that I'll be released from my obligation to pay out the remainder of the lease.

I know a notarized letter would be optimal but barring that, would I be covered with an email response from the leasing dept. Thanks again for any help
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Re: breaking a lease

Postby Cranky Tenant » Fri Apr 08, 2016 1:44 am

I would think that if the landlord wants whatever protection a notarized letter confers then you would want the same. Rather than a separate email I'd suggest incorporating that into the letter - You vacate the apartment and he releases you from the lease in turn. You could also add that he agrees to return your deposit within X amount of time after you turn in the keys.
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