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Breaking a lease in New York State

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Breaking a lease in New York State

Postby Chino631 » Fri Mar 06, 2009 12:13 pm

Does anyone know, or know where I might find some information on breaking a lease. The apartment is not legal I dont think. And a formal lease was not actually signed, meaning it wasnt typed up or anything. It was basically hand written on paper, signed by the landlord, his wife, my girlfriend and myself. Well it states that we have to occupy the apartment for one year and if we move out, we have to give them 30 days notice, however, the apartment is actually quite unbearable for us to live in and after 2 weeks of living there we wish to terminate the lease and move out. Can our landlord take us to court for this or are we as tenants allowed to break the lease if its before 30 days of signing?

All help would be appreciated
Thank you
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Postby TenantNet » Fri Mar 20, 2009 9:54 pm

Both you and your GF are jointly responsible for the rent for the term of the lease, meaning the LL can seek the rent from either or both of you. A handwritten lease is probably valid, but it depends on what it says.

Of course you can move out whenever you wish. The question is whether you are liable for the rent. You are, generally until the LL re-rents the place or the lease term expires.

An exception would be if the LL violated the Warranty of Habitability, meaning bad conditions or other violations of the lease. If conditions are so bad that make the place unlivable, that's a breach of the lease on the LL's part. That would be your defense if the LL came after you after moving out.
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