How can I get out of my lease early and not have to pay for the rest of the year?

UPDATED: Oct 1, 2022

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How can I get out of my lease early and not have to pay for the rest of the year?

I need to move out but can’t afford to pay the next 7 months of rent.

Asked on December 10, 2017 under Real Estate Law, New York


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

Answered 4 years ago | Contributor

Have you read your lease; there is language relating to how to legally vacate early. If not, the law is that a tenant moves out before of the end of their lease term, they are still liable for the remaining rent. That having been said, a landlord is under a duty to "mitigate damages" once a tenant leaves. This means that they must use reasonable efforts to find a new tenant. If and when this happens, the tenant who is relieved of any further rental obligation. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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