What’s the best way to get out of a lease?

UPDATED: Oct 13, 2011

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What’s the best way to get out of a lease?

Possible relocation of job. Also found out he hasn’t paid mortgage for about 17 months.

Asked on October 13, 2011 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, neither of the grounds you describe would give you a basis for getting out of the lease:

1) It's not the landlord's issue or concern that you have a job opportunity and wish to relocate. Unless the lease specifically allows you to terminate the lease in that circumstance, you are still obligated to it, and the landlord can hold accountable for the rent.

2) IF and WHEN the landlord is foreclosed upon and loses possession of the building, that will terminate your lease and let you out of it. But until that happens, the landlord still owns it and is still your landlord; as long as he owns the building and can grant you possession as a renter, the fact that he's behind on his mortgage is irrelevant.

Basically, as long as the landlord is honoring his obligations under the lease, you are obligated to it, too.

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