Let’s face it—life happens. Perhaps you’ve landed a new job in another city. Maybe you’re moving in with a partner. Or maybe your current place just isn’t cutting it anymore. Whatever the reason, you’ve found yourself needing to break your lease—and you’re wondering how to do it without wrecking your finances.
The good news? New York law does give tenants some options for getting out of a lease early. But it’s not as simple as packing up and handing in your keys. Here’s what you need to know.
First Things First: Read Your Lease
It might sound obvious, but your lease is the first place to look. Some agreements include an “early termination clause” that outlines the process for legally breaking the lease, typically involving advance notice and a fee. If you’re lucky enough to have one of these, following it to the letter can save you a lot of stress (and money).
No early termination clause? No problem—you still have options. But you’ll want to be extra cautious about how you approach things.
Legal Reasons to Break a Lease in New York
New York tenants can sometimes break a lease early without penalty if the situation falls under a legally recognized reason. These include:
1. Unsafe Living Conditions
If your apartment is uninhabitable—think no heat in winter, serious pest issues, or major code violations—you may be able to break the lease under the “constructive eviction” doctrine. This only applies if the landlord fails to make necessary repairs after proper notice.
2. Landlord Harassment or Privacy Violations
If your landlord enters your apartment repeatedly without notice, shuts off utilities, or retaliates after a complaint, you may have grounds to terminate the lease legally.
3. Domestic Violence Protections
Victims of domestic violence in New York may be able to terminate a lease early, especially if staying in the home presents a continued safety threat. Documentation is typically required, such as a protective order or police report.
4. Military Service
Federal law protects active-duty service members who are deployed or transferred. This allows lease termination without penalty, provided proper notice is given.
When None of the Above Apply: Your Best Options
If you don’t qualify for one of the above legal exceptions, you still have some tools at your disposal. But you’ll need to play your cards right.
1. Negotiate with Your Landlord
You might be surprised—many landlords are open to a conversation. If you give them enough notice and help find a replacement tenant, they may agree to let you out early, especially in a competitive rental market.
2. Find a Qualified Subtenant
Under New York law, tenants in buildings with four or more units have the right to request to sublet. Your landlord must respond within 30 days. If they deny the request without a valid reason, you may have legal grounds to leave.
3. Document Everything
If things start to go south, having a paper trail will protect you. Keep copies of all written communication, photos of conditions, and any receipts for repairs you paid for yourself.
What Are the Penalties for Breaking a Lease?
If you walk away from a lease without legal justification or landlord approval, you could be held responsible for the rent until the lease ends—or until a new tenant is found. However, under New York’s duty to mitigate damages, your landlord can’t just let the unit sit empty and collect rent from you. They’re required to make reasonable efforts to re-rent the space.
In practice, this means you may only be on the hook for a few months (or less), especially in high-demand areas like Brooklyn or Queens. Still, it’s smart to get everything in writing and understand your potential financial exposure.
When to Talk to a Lawyer
If you’re not sure whether you have legal grounds to break your lease—or your landlord isn’t playing fair—it’s worth speaking with a housing attorney. At Kohan Law Group, we work with tenants across New York City who are unable to fulfill their lease agreements. We can help you understand your rights, explore your options, and avoid costly mistakes that could hurt your credit or lead to a court battle.
Sometimes a letter from a lawyer is all it takes to get things moving in the right direction. At other times, a more aggressive legal strategy is necessary. Either way, you shouldn’t have to guess your way through the process.
New York Lease Violations Attorneys
Breaking a lease in New York isn’t always easy, but it’s far from impossible. Whether you’re dealing with unsafe living conditions, a sudden life change, or a landlord who just won’t budge, a skilled landlord-tenant attorney can help you make a clean break without burning bridges (or your wallet). Contact Kohan Law Group today to discuss your lease situation.