Breaking a lease and LL re-renting

[plumgirl]

I am new to renting in New York State. I want to break my lease. My lease was written by the landlord - it's not a preprinted legal form like you can find in a stationery store. The lease states that the "tenant is responsible for the rent for the full lease term", and that "monthly rent payments are for the convenience of the tenant" (i. e. instead of paying the full year's rent upfront). If I move out (I have already given him 30 days' written notice), and the LL re-rents the place to someone else shortly thereafter, am I then off the hook financially for the rest of my lease term? My LL is sounding like he has the right to demand the rest of my yearly lease money, no matter what. Is this legal?

Also (this is not a problem I have, but I'm just curious) - my lease says that the tenant may not withhold rent for any reason. In New York State, is there ever any situation where the tenant can withhold rent (repairs not made, etc.)?

[TenantNet]

If it's a hand-written or typed lease, there might be some unconscionable or unenforceable clauses in it.

Generally tenants are responsible for the full lease term. But in my opinion, the notion of monthly payments being only for the convenience of the tenant is a stretch. There was some discussion on that point on this board a few years back.

On move-out, look in our reference section of the forum re required notice (in the month-to-month post).

Yes, if he re-rents the place for the same or higher rent, you are off-the-hook. In fact, it used to be that if the LL failed to try to re-rent the place, a tenant would be off-the-hook, but recent court cases have swung in the other direction.

OTOH, if there are valid claims that the LL breached the lease, i.e., warranty of habitability issues, then a tenant could claim there is no obligation for the remainder of the term. However that sort of standoff might end up in court.

Of course there are reasons for withholding rent. If you withhold rent, the LL will take you to court and you have the right to presend your defense and/or counter-claim.

[plumgirl]

Thanks for the information!

When I wrote that the lease was prepared by the landlord, I meant that he prepared it himself and printed it out. I am just so afraid he'll try to collect the remainder of the year's rent, and that's a lot of money! Unconscionable, yes; but is it legal? I've only spoken to him briefly since this happened, but he didn't seem amenable to negotiation. I'm moving out of state, and if he tries to take me to court, I can't come back to defend myself.

You said that "if he re-rents the place for the same or higher rent" that I would be off the hook for the remaining rent money. Do you meant that if he rents the place for less than what I paid, I would be liable for the difference?

Regarding reasons for withholding rent, I meant does NYS housing law have any provisions for doing so? Your response sounds like any withholding of rent is always a matter for the court to decide - correct?