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Posted by William Rowen, Met Council on January 31, 1998 at 23:38:32:

In Reply to: Re: Terminating lease due to employment posted by TenantNet on January 31, 1998 at 11:13:06:

: : Due to the decline in employment oppertunities in my area, I have been offered and consiquently decided to take an offer out of state. This makes it necessary to break my lease. I have been told in this type of situation NYS law makes a provision for this type of situation, is this true? I am able and willing to give thirty days notice and plan on doing so inwriting this week (vacating March 1) I would like to understand my rights prior to making a move. Thank you.

: Not that we know of. There are provisions I've heard of that if one is
: in the military and gets transferred.

: >I am able and willing to give thirty days notice and plan on doing so inwriting this week (vacating March 1) I would like to understand my rights prior to making a move. Thank you.
: >PS: I think this is a great service, it appears you are able to help a great number of potentionally desperate people.
: >

: In some localities the owner must try to re-rent the place and if he
: fails to try, then he can't claim (if he comes after you) that he
: suffered economic damages. In some cases they will be willing to let you
: out of it so they can jack up the rent. If there are substantial problems,
: then you can claim he violated the warranty of habitability and he himself
: was in breach of lease.

My advice is to leave the state, don't pay the last month's rent because the landlord will use your security deposit to cover it, and repair any damage you might have done to the apartment and don't leave any unwanted possessions or garbage behind. The landlord is not going to pursue you in another state for a few months rent because of the difficulties and expense in doing so. Don't tell him your forwarding address.

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Comments:
: : : Due to the decline in employment oppertunities in my area, I have been offered and consiquently decided to take an offer out of state. This makes it necessary to break my lease. I have been told in this type of situation NYS law makes a provision for this type of situation, is this true? I am able and willing to give thirty days notice and plan on doing so inwriting this week (vacating March 1)  I would like to understand my rights prior to making a move. Thank you.

: : Not that we know of.  There are provisions I've heard of that if one is 
: : in the military and gets transferred. 

: : >I am able and willing to give thirty days notice and plan on doing so inwriting this week (vacating March 1)  I would like to understand my rights prior to making a move. Thank you.
: : >PS: I think this is a great service, it appears you are able to help a great number of potentionally desperate people.
: : >

: : In some localities the owner must try to re-rent the place and if he 
: : fails to try, then he can't claim (if he comes after you) that he 
: : suffered economic damages. In some cases they will be willing to let you 
: : out of it so they can jack up the rent. If there are substantial problems, 
: : then you can claim he violated the warranty of habitability and he himself 
: : was in breach of lease.

: My advice is to leave the state, don't pay the last month's rent because the landlord will use your security deposit to cover it, and repair any damage you might have done to the apartment and don't leave any unwanted possessions or garbage behind. The landlord is not going to pursue you in another state for a few months rent because of the difficulties and expense in doing so. Don't tell him your forwarding address. 


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