Can I Break the Lease Because I Have Dogs

[hudson40]

My question involves landlord-tenant law in the State of: New York, city of New York.

When I signed my lease, the terms of the lease stated that my dogs could not be over 40 lbs. I need to leave the apartment, and I have about 5 months left on the lease. My dogs have gotten bigger, both of them are over 40 lbs. Can my dogs be a reason for me to break the lease without being held responsible for the remainder of the months? Are there any other ways to break a lease in NYC?

Subleasing is permissible with the consent of landlord. However, the landlord "may refuse to consent to a lease assignment for any reason or no reason, but if landlord unreasonably refuses to consent to request for a lease assignment properly made, landlord will end the lease effective after 30 days of my consent." What does this mean?

thanks for your advise.

[LawResearcherMissy]

Can my dogs be a reason for me to break the lease without being held responsible for the remainder of the months?

No. Rather, your landlord could insist that you get rid of the dogs. Unless they've suddenly ballooned to 100 pounds, though, that's not likely to happen, either.

Are there any other ways to break a lease in NYC?

Without being held responsible for the remainder of your contract? No. Leases are binding contracts, and the only way to break one without penalty is for your landlord to agree not to penalize you.

Subleasing is permissible with the consent of landlord. However, the landlord "may refuse to consent to a lease assignment for any reason or no reason, but if landlord unreasonably refuses to consent to request for a lease assignment properly made, landlord will end the lease effective after 30 days of my consent." What does this mean?

It means you can find someone to take over your lease, provided you properly follow the procedures for requesting the landlord allow you to do so. He may refuse, but if the refusal is unreasonable, your lease may be terminated effective 30 days following the refusal.

[STATcom]

It's also worth noting that if you break your lease, you could actually still be held liable for the remaining months rent until your landlord finds a new tenant (which they're required to actively do), whichever comes first. So even if your refusing to get rid of your dogs is considered an eviction-worthy issue, your landlord could still come after you for the rent.