Breaking a Lease in New York to Buy a Home

**bluesun_geo** · 02-24-2009, 07:22 PM

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

My husband and I are a little more than half way through our 1 year lease on our apartment (8/08 to 8/09). We would like to purchase a home at the end of our lease, or sooner except that we dont want to incure the costs of breaking our lease. Our lease states that if we break it we simply owe the rest of the rent due until the end of the lease. So we basically keep paying rent if we move out early. I was told by a friend that New York law states that if you are in a lease and buying a home you have to be let out of the lease. I have no idea if this is true or not. Nor do I know how to find said law.

1. Can someone advise me on whether or not this law exists
2. If it is true, where I can look for it (legitimate resources etc..)
Thank you.

**LawResearcherMissy** · 02-24-2009, 08:01 PM

No, it does not exist.

I think there's one person in every state of the Union that is responsible for perpetuating this rumor. It is not true.

Your lease is a binding contract, you are responsible to uphold your end of it.

**bluesun_geo** · 02-24-2009, 08:26 PM

Thats what I thought, its seemed too vague and fishy. Thank you for your reply.

**SChinFChin** · 02-25-2009, 02:52 AM

I'm a NYS landlord for 30 years, and believe me, if there is such a law, I would know about it.

From time to time, besides this, I would hear people ask "they heard that if they got a new job where they have to relocate, they can legally get out of he lease too". There is no such thing either.

Buying a house, and relocating for a job are 90% of the reasons why people in ages from 25 to 35 have to move, and when I asked an attorney about this years ago, if this is true, his answer was "why bother with a lease then"?? My attorney ask me "are you (the landlord) allowed to throw the tenant out if YOU need to move into his unit, or if you move out of state for a new job"?? NO.

Now, if you moved, the landlord is legally required to mitigate his damages, and attempt to get the place re-rented, at which point, you'll still be on the hook till he re-rents. The risk here is he can take his time and take 6 months to re-rent, maybe a bad market, and you are still on the hook.

BTW, most of my tenants nowadays are "long term", and I only rent to people whose situation is they're NOT buying a house next year, or NOT relocating for a job next year. How do I know this?? Experience, I guess.