How can I get out of my lease if my boyfriend is getting transferred and I’m going to move with him?

After the move we are going to live together.

Asked on June 24, 2017 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally speaking, you may not end a lease early unless your landlord has committed such a "material breach" of its terms (e.g. the premises was uninhabitable, etc.). If you break your lease without legal cause, you can be held liable for all remaining rent due. That having been said, unless the lease says you can't rent to a "subtenant" you can (although you remain primarily liable for the rent, damages, etc.). Additionally, you can "assign" the lease if you find somone who can take over for you; in such a cease you would not be liable for any rent, future damages, etc. However, if the lease prohibits assignment, you cant do this without your landlord's approval. That all having been said, if you do break the lease, your landlord in under a duty to "mitigate damages". This means that they cannot just let the apartment sit empty and still continue to collect from you; they must make reasonable efforts to re-lease it. Once they do, you will be relieved of any further liablity.


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