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Re: Westchester County - getting out of a lease early

Posted by Unstoppable Ed on August 20, 2000 at 02:14:22:

In Reply to: Westchester County - getting out of a lease early posted by Jack on August 19, 2000 at 18:32:24:

When you signed a two year lease, you committed yourself to the apartment for that length of time. New York, unlike other states, does not require the landlord to mitigate his or her losses if you abandon the apartment (she does not have to try to re-rent the apartment).

That said, it is highly unlikely that any landlord in your situation would try to sue you for your remaining rent payments. You need to have a reasonable discussion with the property owner, perhaps pointing out that the apartment could rent for more, and ask if she would be amenable to cancelling your lease ahead of time by mutual agreement. You might offer to let her show your apartment to prospective tenants one you've announced your intention to move. If you're both reasonable chances are you can work something out without sacrificing your deposit.

-Ed
You can't stop him; he's Unstoppable.

: We currently live in a rented condo in Westchester County, NY. We are in the second year of a 2 year lease. All rent has been paid on time, though we have had minor issues with the landlord (the unit's owner) about timely repair of certain problems. The lease we have is a pretty standard written lease, terminating in summer 2001. This is a condominium complex, with several units rented, consisting of probably 300-400 units.

: We are going to be looking to buy a house in the near future. While our actual plan is to try to get that date close to the actual end of our lease, it is possible that we will find something sooner - perhaps much sooner. And we would like to take it if we do. When I lived in NJ I had to give 30 days notice, and then the landlord was required to make reasonable efforts to re-rent the apartment. However, that was an apartment complex with a management company. What is the law about getting out of an individual lease in NY?

: The area we live in is very desirable, and I would guess this unit would be re-rented in a week or less, and probably for a lot more than we currently pay (we managed to get only a $50 increase for the second year). If the landlord were to try, I have no doubt she would re-rent quickly. I don't mind being responsible for a little bit extra, perhaps the rest of the month or whatever. But we've given 2 months rent as security - which is a lot of money - and I want to know that we will not have any problems.

: Anyone have any advice? Thanks in advance. CC via email greatly appreciated.

: - Jack


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