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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.