Legal Question in Landlord & Tenant Law in New York

Renters Rights in New York City

i am a renter in new york city and

am moving before my lease is up. i

was thinking of getting a sublet or

just asking my landlord if i can get

out of my lease early. (i only have 5

months left) If i ask my landlord if i

can get out early, is he obligated to

return my security deposit to me? or

if i get a sublet, can i legally turn the

utilities off so they're not in my name

and have the sublet turn them back

on in his name? or do the utilities

have to be in the name of the person

on the lease? thank you so much.

any help is greatly appreciated.


Asked on 4/18/08, 11:09 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Renters Rights in New York City

The landlord does not have to let you out of your lease.He does have an obligation to try to mitigate the damages by re-renting the property.

But you are responsbile under the lease for the balance.

A security deposit cannot be used to offset the rent. A security deposit is just that - for security for damages.

The landlord can use the security deposit balance left after damages to offset the rent - but you would still be responsbile for any excess.

You can only sublet pursuant to the terms of the lease. Does the lease say you can sublet?

You can legally turn off the utilites and but them in the sublets name.

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Answered on 4/18/08, 11:35 am


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