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

Q: Is it possible to back out of a lease for an apartment before you move in?

I have recently signed a lease but have not moved in yet and I’ve been moved to part time at my job and will now not be able to afford it.

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2 Lawyer Answers
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: Based upon your changed circumstances, the landlord may be willing to release you from your lease but is not obligated to. It is likely that the landlord will try to retain any money you have already paid. It may be to your advantage to retain an attorney to negotiation a surrender on your behalf.

Toshinori Isoai
Toshinori Isoai
Answered
  • New City, NY
  • Licensed in New York

A: You will need to speak with your landlord. Before you retain a lawyer and start any action out of blue, you can negotiate with him/her about terminating the lease agreement. The landlord may be entitled to a separate legal action to collect the money for your breach of the lease, but given the reason for your surrender, getting a judgement and enforcing the same will not be beneficial to the landlord. It's recommended you speak with him/her and minimize the monetary loss.

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