New York, NY asked in Real Estate Law for New York

Q: I have a question regarding breaking a lease agreement less than 24 hours after i signed it

The owner said he would refund my months rent and deposit once its rented but hes no longer showing the apartment and not returning my calls

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: The recently enacted Tenant Protection Act of 2019 is good news for you. The Tenant protection Act makes clear that residential landlords have a duty to mitigate damages by attempting to re-lease an apartment when a tenant has broken a lease. Therefore, your "landlord" may be hurting him/herself if they make no effort to find another tenant to replace you. However, you will still have the trouble of trying to recover the payments you have already made to the landlord and may wind up having to go to Small Claims Court to do so.

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