NYU students who rents a Village Apartment Impacted by CV19 Pandemic and Closure of NYU Campus

Question

I'm an NYU undergraduate student who rents an apartment with 3 other classmates in the Village a couple of blocks from NYU Washington Square.  Due to CV19 pandemic, NYU has recently suspended classes for the rest of the semester and closed the campus and all dorms to students.  We rent our place close to campus from a private LL.  We've now all returned to our homes outside of NYC and the apartment will remain vacant  (no need for it anymore).  We provided 1-month's rent as security deposit, paid a hefty broker's fee at lease signing and our parents acted as guarantors.  Do we have any ability to terminate the lease without risking additional liability going forward (the lease expires at the end of August) under NY State and Manhattan LL-T law.  Note that the lease itself doesn't have any type of liquidated damages clause (it's the standard RSA 2010 Lease form).

Michael David Siegel · Answer

No you cannot terminate.  You will be liable for the rent although right now there are no eviction actions allowed.  Try to sublet it.

Elaine Shay · Answer

It would be irresponsible to provide you with a definite answer to your question without reviewing your actual lease and rider(s); however, can provide you with general information about leasing in New York.  Unless a lease conditions the duration of the lease term on external events, like attending school, the duration is the term specified and a tenant is responsible for the full term of the lease.  If a tenant breaches the lease, a landlord has a duty to attempt to mitigate damages by attempting to re-let the apartment but the tenant and any guarantor remain liable for the rent until the lease expires or until a new tenant is found.

Gregory Byrnes · Answer

The answer is yes, you would be liable for the remainder of the lease. Nevertheless, the with the current ongoing epidemic the Courts are not processing eviction proceedings at this time. Additionally, you Landlord has a duty to mitigate (re-rent the apartment) the damages pursuant to Real Property Law 227-E: "In any lease or rental agreement, excluding any real estate purchase contract defined in paragraphs (a), (c) and (d) of subdivision four of section four hundred sixty-one of this chapter, covering premises occupied for dwelling purposes, if a tenant vacates a premises in violation of the terms of the lease, the landlord shall, in good faith and according to the landlord's resources and abilities, take reasonable and customary actions to rent the premises at fair market value or at the rate agreed to during the term of the tenancy, whichever is lower. If the landlord rents the premises at fair market value or at the rate agreed to during the term of the tenancy, the new tenant's lease shall, once in effect, terminate the previous tenant's lease and mitigate damages otherwise recoverable against the previous tenant because of such tenant's vacating the premises. The burden of proof shall be on the party seeking to recover damages. Any provision in a lease that exempts a landlord's duty to mitigate damages under this section shall be void as contrary to public policy."

Q: NYU students who rents a Village Apartment Impacted by CV19 Pandemic and Closure of NYU Campus