Troy, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: Tried to break lease when I bought a home. Complex said no I have to sublease with a 300.00 fee and another deposit.

Is this legal...been there 5 years and I have to find the tenant even though their turnaround is high. Manager said they started subletting program 2yrs ago because too many people were buying houses our lease is a one year lease with no mention of subletting. I am now paying rent and a mortgage and eveything else.

1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: If your lease has not yet expired and you are attempting to get out of your contractual obligation to pay rent for the remaining unexpired term, the landlord has a right to negotiate for the terms that they are willing to consider. If an agreement can't be reached, a tenant generally remains responsible for the unexpired term of the lease though the landlord has an obligation to attempt to mitigate damages. It seems like you are fortunate, in that the landlord is willing to allow you to sublet under certain terms.

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