leaving early

[niceguy]

Is there a point at which you can leave a lease early without risking your security deposit?

I have two months left on my lease, will not be renewing and would like the option to take a new place if it comes up at the end of next month - but I don't want to lose my security...

[niceguy]

anyone?

[NiceTenant]

Nice guy, that's what I'm attempting. I'm supposed to sign a lease tomorrow and then face the firing squad of my landlord when I let him know I'll be moving and sorry, I won't pay the October rent. I know landlords like to have advance notice of a move, but that's hardly realistic in NY. You never know when you're going to find a suitable apartment, and when you do, you should take it without so much as a blink of the eye.

[Phil Cohen]

I used to walk out on leases, years ago. But lately I've been hearing--on this board, mainly--that doing so can result in getting blackballed that there is some kind of tenant-rating service that does so. Perhaps someone can elaborate on that. That is the risk.
You also can be held liable for the term of the lease, if it is not rented out.

[Cranky Tenant]

I'm sure a lot of this depends on whether the LL is likely to find someone else, who will pay more, when you leave.

If you've lived in a rent regulated apartment for a number of years, most like the LL will be happy to see you go. He may even offer a buyout.

On the other hand, if the apartment is at market rate, the LL is much more likely to hold you to the terms of the lease. Considering the marke nowadays, he may have to settle for less than the current rent.

[niceguy]

Thanks for your replies! Does anyone know if there's any legal issue involved here though? Do I have a right to my security if I leave a month early?

[consigliere]

niceguy asked:
 
Thanks for your replies! Does anyone know if there's any legal issue involved here though? Do I have a right to my security if I leave a month early?
 
 
Your landlord could hold your security deposit for the last month's rent. If the apartment is rented for all or part of the last month, the balance of the security deposit should be returned, unless there are damages to the apartment.