What Action Can Be Taken if We Break Our Lease

[thewife]

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

My husband and I have lived in an apartment complex for three years and recently the office manager offered to rent us a renovated unit. We had a LOT of problems in the original apartment, including constant noise from the tenants upstairs and a roach infestation that also stemmed from those same neighbors. The office manager was aware of all of these problems and assured us it would be totally different in the new location. I came to her several days before we were scheduled to move into the new apartment and told her we were not at all happy and that I had serious doubts about signing a new lease to move into the new apartment. She promised me that if we did not like it that she would let us out of our lease.

We are just as unhappy in the new apartment. Unfortunately, we have signed a new lease for it. I told her several days ago that we would like to move and she told us to put it in writing. Before I had a chance to deliver the letter, she told me that the owners of the complex had heard we were leaving and were prepared to hold us to the full term of our lease. She is saying our only option would be to sub-lease, which I do not want to do.

I have looked into the legality of verbal contracts/agreements and it seems too open to interpretation to rely on should they choose to take us to court. I'm considering having a recorded conversation with her where she admits that was our agreement, but I understand that is also not always permissible in court.

We already have a new apartment set up to move into and we absolutely do not want to stay in the current apartment.

I would really appreciate any advice about what we can reasonably do and what our odds could be if we were taken to court.

[Mr. Knowitall]

When you break a lease, you can potentially be held liable for your rent for the duration of the lease. Your landlord has a duty to mitigate damages by trying to find another tenant, but in a large complex with multiple vacancies they can make yours the last unit they fill.

I am skeptical that the manager is going to testify in court, "I agreed that they could back out of the lease they signed if they decided they didn't like the new unit." While, as they say, "stranger things have happened," I don't like the odds.

[eleaseagreements]

You will certainly have the bill collectors calling, as for going to court, that probably will not happen.