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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Breaking Rental Lease Agreement In New York

    Hi, i have a question about the terms of my lease and the consequences if we broke it. My fiancee and I moved in aug 1st 07 and our lease goes to july 31st 08. We have had several problems with our landlord (verbal confrontations) plus many faults with the apartment (the day we moved in, the water pipes in the basement ceiling burst and flooded all our stuff).

    We want to breka the lease and move. We've already got another place lined up that is much cheaper and warmer (florida).

    Our lease is very vague. it was a standard lease our landlord altered last minute. This isthe paragraph that involves breaking the lease:

    Default: upon default in the payment of any installment of rent, or upon default in the performance of or breach of any covenant term of condition in this lease on the tenants part to be performed, or in the event the premises are abandoned or if a petition in bankruptcy is filed by or against tenant, the landlord may at his option upon 3 days notice in writing, terminate this lease.

    Does that mean that if we were to abandon the apartment, just up and leave, that we'd be liable for the remainder of the rent? We would ideally give our landlord 2-3 months notice of our leaving as we don't plan to leave until april or may, if we leave at all early, but the wording of the lease doesn't directly state that should we leave early and break the lease, we're responsible for the rent.

    Can anyone help us with this? DOes it need to say it specifically in the lease, that we'd owe, for us to owe?

    Help is greatly appreciated,
    Montama

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Breaking Rental Lease Agreement In New York

    It does not have to specify in the lease what the landlord's liquidated damages may be.

    A lease is a legally, binding contract, and in your lease you agreed to pay x amount of rent for a certain length of time.

    You may try to negotiate with the LL to try and get out of your obligation sooner. If enough notice is given the LL may be able to get another tenant, helping to eliminate the damages LL could seek.

    New York Breaking a Lease

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