What is the law in terminating a rental lease in New York State?

by **barend31** » Sat Dec 17, 2011 12:42 am

I recently have been out of work and I am receiveing worker's compensation. I can no longer afford to pay my rent because of the limit on Worker's Comp reimbursement. I am considered to have a short term disability but due to my injury I can not return to my previous employment. I am still out on disability. Can I have a lease terminated on these factors?

by **aethelbert35** » Sat Dec 17, 2011 12:46 am

No, you are bound for the entire lease period. Your best bet is to talk with your landlord about the problems you are having, and ask if there is anything you can do to end your lease early (i.e., helping to find a new tenant, paying for advertising costs up to a certain limit in exchange for terminating the lease early).

I would advise against subletting the apartment (your lease may not allow it, anyway). If you sublet the apartment and the new tenant doesn't pay the rent, you are still on the hook.

You should talk to your landlord right away, as September/October are prime rental months and in NY state no one will want to move in the winter, so your landlord would be less willing to let you move out once cold weather comes.

Good luck.

by **cleirach70** » Sat Dec 17, 2011 12:56 am

Rental law

by **slaine** » Sat Dec 17, 2011 1:02 am

No. You signed the lease and you are bound by it. Check the lease language itself for penalties and provisions for early termination.

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