Legal Question in Landlord & Tenant Law in New York

Terminating a lease

I got a renewal back in 8/07 for the apartment.I also had applied to get section 8 voucher.I received notice a couple of weeks after signing the lease that I was accepted for section 8 program.So I went to the management to request for a transfer to a larger apartment.I was told by the sercretary that I need to fill out a transfer form and attach a copy of the voucher. So I did all that and dropped off the info. Everytime I went to pay my rent I asked about the status of the application cause the voucher was needed to be used within 6 months.To back up a bit.I reside in a one bedroom apartment with my fiancee and 3 step daughters.The voucher allows me to get a 3 bedroom.The secretary told me that I needed to get in touch with the building manager.I called, emailed the manager and got no response.On various occasions I was told I needed to make an appointment with the manager but nothing transpired.I was told by the secretary month's later that that the office is not honoring any transfers now.I asked her why was I not told this before.I only have one month left for the voucher.I finally found a place that has a 3 bedroom apartment. Can I break my lease and how do I do it? I know there are penalties but I want to do this right.


Asked on 1/21/08, 7:47 pm

1 Answer from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Terminating a lease

A lease is a contract. If you signed a valid lease you could be held responsible for breaching it, but there are always facts and defenses that can be asserted which may (or may not) act to offset any claims against you.

Since you qualify for Section 8 you probably qualify for legal assistance. Speak with a lawyer from one of the community legal service agencies in your area for more specific answers.

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Answered on 1/24/08, 11:55 am


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