Newark, NJ asked in Landlord - Tenant for New York

Q: Hello. I would like to leave my lease is it possible?

Landlord said that subletting is not allowed there but in our lease says that it is allowed. We also been making noise complaints and bleaching our clothes by the upstairs neighbors and the landlord doesn't do anything about it. In winter last year we called the landlord saying that we don't have hot water and no one ever came to fix it. We have evidence for all of this

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

A: Provided you have a lease that is still in force, the specific language of that lease control the terms of your tenancy. Some leases say subleasing is allowed if landlord consents, some say subleasing is allowed if landlord consent but landlord cannot unreasonably withhold consent and some say no subleaseing allowed. What controls in your situation will turn on the exact language of your lease.

If you break your lease, you can be liable to the landlord for the remaining term of your lease. In New York, the landlord has an obligation to seek to mitigate damages by re-renting your apartment. However, you have the option of presenting a replacement tenant to the landlord. If the landlord rejects your replacement tenant you may have the basis to defend against any claim by the landlord for unpaid rent because the landlord will be deemed to have refused to mitigate damages.

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