Breaking a lease in New York

A tenant who leaves early in breach of the lease can still owe you, but you must in good faith take reasonable and customary steps to re-rent the home at fair market value or the lease rate, whichever is lower. A new tenant's lease ends the old one and reduces what the departing tenant owes, and a lease clause excusing you from this duty is void. Several statutes let a tenant, or a deceased tenant's estate, end a lease early.

N.Y. Real Prop. Law § 227-e

• A tenant may use the domestic-violence termination right when the tenant or a household member is a qualifying victim and the tenant reasonably fears remaining because of potential further violence. Written notice must name a termination date at least 30 days after delivery, with documentation provided within 25 days. Knowing or intentional landlord violations can result in up to $1,000 in liquidated damages, plus actual damages, costs and attorneys' fees. N.Y. Real Prop. Law § 227-c
• A tenant aged 62 or older, or with a disability, may end the lease to move in with family on a physician's certification or to enter an adult care facility, residential health care facility or subsidized housing. N.Y. Real Prop. Law § 227-a
• A tenant who enters military service after signing may end the lease by written notice. For a lease with monthly rent, it ends 30 days after the next rent due date following the notice. N.Y. Mil. Law § 310(2)
• The executor, administrator or legal representative of a deceased tenant may end the lease by notice to you, effective when the estate gives notice and surrenders the home, with the written consent of any co-tenant or guarantor. The estate still owes rent and debts up to that date, and notices go by registered or certified mail. N.Y. Real Prop. Law § 236-a
• The estate may instead ask you to consent to an assignment or sublet. You may ask for more information within ten days and must answer within 30 days; silence is consent, and if you elect to terminate or unreasonably refuse, the lease ends and the estate is released as of the last day of the month in which your answer was due. N.Y. Real Prop. Law § 236
• If you unreasonably refuse consent to an assignment, you must release the tenant from the lease on 30 days' notice at the tenant's request. In a building with four or more units, a tenant may sublet with your advance written consent, which you may not unreasonably withhold. N.Y. Real Prop. Law § 226-b
• If the home is destroyed or made unfit to live in without the tenant's fault, and no written agreement says otherwise, the tenant may move out and owes no rent after surrendering possession. N.Y. Real Prop. Law § 227
• The written notice must state that domestic violence has occurred and that remaining is reasonably believed unsafe. Deliver it to the owner or agent and to co-tenants other than the perpetrator. First-class mailed notice is deemed delivered five days after mailing. If the tenant identifies the owner as the perpetrator, an authorized person may deliver notice on the tenant's behalf. N.Y. Real Prop. Law section 227-c(2)(a)-(b)
• Documentation options include a temporary or final protection order, a law-enforcement record, complaint or report, a related health-care treatment record, or written verification from a qualified third party. The statute lists eligible officials, professionals, service providers and clergy; a sworn or notarized statement can satisfy that verification route. Its sample forms are optional. N.Y. Real Prop. Law section 227-c(2)(c)-(d)
• Rent is prorated through the effective termination date. If the tenant has vacated, section 227-c(3)(b) provides for refund of prepaid amounts covering the later period within ten days after delivery of the written notice. A deposit may cover otherwise lawful items, but no part may be kept because the tenant used this termination right. The statutory defense does not excuse rent for the period before vacating and giving the required notice. N.Y. Real Prop. Law section 227-c(3)
• When other tenants remain on the lease, the landlord needs their consent to terminate or sever their co-tenancy and must give them at least 30 days from the termination date to decide. A sole leaseholder must deliver the home free of other occupants as the statute provides, but is not responsible for ensuring that the abusive household member is absent. N.Y. Real Prop. Law section 227-c(4)
• Keep the nature of the termination, domestic-violence status and supporting information confidential. Disclosure requires the tenant's written authorization or an applicable legal requirement or court order. Section 227-c(5)(b) also bars describing the termination to a prospective landlord or another third party as an early termination. N.Y. Real Prop. Law section 227-c(5)
• Section 227-e places the burden of proof on the party seeking damages. Keep dated records of marketing, offers and reletting efforts to support an explanation of the steps taken. N.Y. Real Prop. Law section 227-e

To end a month-to-month tenancy, you must give the same written notice that applies to a non-renewal: at least 30, 60 or 90 days depending on how long the tenant has lived there or the lease term, whichever is longer. In New York City, the notice must say that you elect to end the tenancy and will start eviction proceedings if the tenant has not left by the date named, and it must be served the way a notice of petition is served. Outside the city, a month-to-month tenant may end the tenancy with notice at least one month before the end of a term.

N.Y. Real Prop. Law § 226-c(2) N.Y. Real Prop. Law § 232-a N.Y. Real Prop. Law § 232-b

• If you accept rent after a lease of more than one month ends, the tenancy becomes month to month from the day after the term ended, unless you agree otherwise. N.Y. Real Prop. Law § 232-c
• A late notice keeps the tenancy going on its existing terms until the full notice period has passed. N.Y. Real Prop. Law § 226-c(1)(a)
• Where the Good Cause Eviction Law applies, you may not end or refuse to renew a tenancy without good cause, and the notice must state the lawful basis. N.Y. Real Prop. Law § 215 N.Y. Real Prop. Law § 226-c(1)(a) See Good Cause Eviction Law on the New York page
• A tenancy at will or by sufferance ends on written notice of at least 30 days, served on the tenant, on a suitable person at the home or, if neither can be found, posted on the premises. N.Y. Real Prop. Law § 228