Legal Question in Landlord & Tenant Law in New York

Early Lease Termination & Lease Wording

A friend of mine is trying to get out of

her 14 month lease early. While

there is no provision under a heading

like ''Early Termination'', the wording

in another section has me wondering

if perhaps there's a loophole allowing

her to terminate the lease:

Renewal Term: 6. It is the intent of

both parties that this lease is for a

period of 14 months. Should this

lease be breached by the Resident,

both the last month�s and the

indemnification deposit shall be

forfeited as liquidated damages and

the Resident will owe rent through

the last day of occupancy.

The word that has me wondering

here is ''occupancy.'' If she breaches

the contract by moving out, but pays

the landlord the last month's rent,

can she get out of the lease without

paying the remainder of the rent on

the lease?


Asked on 10/29/08, 1:52 am

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

Re: Early Lease Termination & Lease Wording

Interesting question.

Generally under NY law the Courts give credit to the word's exact meaning. Occupancy is defined under Black's Law Dictionary as "Taking possession of property and use of the same." If someone is intentionally delivering keys to the landlord and abandoning the premises, she is no longer an occupant.

Therefore, based on your question, and without reading the entire lease, Your friend would only owe rent through the date of her possession of the premises, and would owe last month's rent and the deposit if she would breach the lease agreement.

Mike.

Read more
Answered on 10/29/08, 7:40 am


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