Legal Question in Landlord & Tenant Law in New York

My husband and I rent in Brooklyn. We recently found a new apartment also in Brooklyn and were only able to give our landlord 34 days notice. We have a rider in our lease stating that we need to give 60 days notice. We received a letter from our landlord stating that we are forfeiting our security deposit and we are responsible for the rent until the expiration of our lease, which is July 31, 2012. We are wondering if this is true? Wouldn't we just be responsible for the 60 days from when we gave notice?


Asked on 12/08/11, 12:53 pm

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

I would have to read the language in the lease. Notwithstanding, a landlord has the duty to mitigate the tenant's breach of lease. Therefore, he or she would have to re-lease the property and you would be responsible for any difference in rent, cost to re-lease, and lost rent.

Mike.

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Answered on 12/09/11, 5:52 am


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