Legal Question in Landlord & Tenant Law in New York

Breaking A Lease.

I am looking to move to syracuse with my family and I have 6 months left on my Lease. I read the terms and saw nothing regarding ending the lease before the end date. I want to move out Because the apartments are horribly kept and my mother Broke her leg in Feb 2010 because they do not maintain anything or clean up the snow. The parking Lots are Like Ice Rinks in the winter. I do not want to repeat whatever happened. We also Filed suit for my Mothers Fall. What is weird is that the injury lawyers told me that they would definitely kick us out with the lease.When I talked to them about leaving they told me I would owe everything and the security. Any advice would be appreciated.


Asked on 11/02/10, 6:55 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

It is true that if you break the lease you would be responsible for the rent. However, the landlord would still have the duty to mitigate damages by attempting to release the apartment. Therefore, I would attempt to find a new tenant for the landlord. The new tenant should have similar income and credit as you and would be willing to rent the apartment for the same price as you. You would then tell the landord that you are breaking the lease; however, you have a ready, willing and able tenant to rent the apartment for the same terms and conditions as you.

Mike.

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Answered on 11/08/10, 5:41 am


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