Even with the most thorough screening process, unforeseen circumstances may lead to a tenant breaking their lease. As a landlord in New York, it is essential to familiarize yourself with the legalities surrounding the early termination of a lease in order to make informed decisions.
In this article, we will cover all of the aspects of breaking a lease in New York, including unjustified and justified reasons for early lease termination. By understanding the ins and outs of these laws, you will be equipped with the necessary knowledge to safeguard your rights as well as those of your tenants.
Rental Agreement in New York
It is essential to have a clear and comprehensive rental agreement to ensure that both you and your tenant are aware of your responsibilities and rights, as outlined by New York landlord-tenant law.
Rental agreements should include information regarding security deposits, evictions, when rent is due, and more. Tenants should be well-informed about the consequences of unjustifiably terminating the lease and their rights when a justified termination is necessary.
Under New York law, tenants must provide 30 day notice to terminate a month-to-month lease, delivered as specified in the lease agreement. However, if you have a fixed end-date lease, no notice is required.
Another essential inclusion in the rental agreement is your responsibility as a landlord to re-rent the unit. However, in New York, landlords are not required to actively seek new tenants if the lease is broken early, but they may seek damages in court.
In addition to outlining the penalties for breaking the lease, you should also address the tenant's right to sublet in the rental agreement.
Tenants have the right to sublet their unit unless the lease specifically prohibits it. However, tenants must obtain written permission from their landlord before subletting, and the landlord must uphold consent.
Unjustified Reasons to Break a Lease in New York
Many tenants are unaware of the consequences of breaking a lease without a valid reason. The reasons listed below are generally insufficient for a tenant to break their lease agreement:
Buying a House
Purchasing a new house does not automatically entitle the tenant to break their lease. Even if the tenant has already purchased a new house, they must honor the existing lease agreement until it is legally terminated or the landlord agrees to early termination.
Relocating for a New Job or School
Moving out of state for employment or obtaining an education does not excuse the tenant from their lease obligations. The tenant must still find a way to legally terminate the lease or negotiate an early termination agreement with the landlord.
Moving in with a Partner
Moving in together is not considered enough grounds for breaking a lease, and tenants will be held responsible for any unpaid rent or other penalties that may arise as a result. Landlord's may use the tenant's security deposit to cover these expenses.
Moving to Be Closer to Family
Moving closer to family is not a valid reason for breaking a lease. Tenants must still find a way to legally terminate the lease before moving out.
Justified Reasons to Break a Lease in New York
While it is essential for both landlords and tenants to honor the terms of a lease, New York law recognizes specific justified reasons that allow tenants to legally break their lease without penalty. Here are the justified reasons for an early lease termination in New York:
Active Military Duty
If your tenant enters active military service after signing their lease, they have the right to break their lease under federal law. The Servicemembers Civil Relief Act (SCRA) may ask active-duty service members to relocate due to deployment or a permanent change of station.
It is essential to note, however, that the lease doesn't terminate immediately. Essentially, this act offers protection to these service members for a certain period, beginning on their entry date and ending between 30-90 days after discharge. After the notice is delivered, the earliest possible date for the lease to end is 30 days after the beginning of the next rent period.
Domestic Violence
It's essential to prioritize the safety and well-being of your tenants. If a tenant is experiencing domestic violence, they are legally allowed to break their lease to relocate to a safer environment. In these situations, landlords should work with their tenants to find a solution that prioritizes their safety.
Unit Is Uninhabitable
If the unit is deemed uninhabitable for reasons such as lack of heat or hot water, infestations, or structural issues, the tenant can terminate the lease early. As a landlord, it's your responsibility to ensure the habitability of your rental units are up to standard. Note the potential issues that could render a unit uninhabitable and address them promptly to avoid legal complications.
Landlord Harassment
Landlord harassment can make tenants feel unsafe or uncomfortable in their homes. Never compromise your tenant's privacy. If a tenant can prove that they have been subjected to harassment, they can legally break their lease without penalty. Harassment can include frequent unannounced visits, threats, and invasion of privacy.
Bottom Line
Breaking a lease in New York is a serious matter. It's essential to handle lease termination situations professionally to avoid legal disputes.
By understanding these legalities and working with tenants in a professional and understanding manner, landlords can protect their rental property and maintain a positive relationship with their tenants.
If you're a landlord in New York and need assistance managing your rental properties, Olympic Property Management is here to help. Contact us today to learn more about us and how we can help you succeed in the rental market.
Disclaimer: This blog isn’t intended to be a substitute for professional legal advice. Laws change and this information may become obsolete at the time you read it. For further help, please get in touch with a qualified attorney or an experienced property management company.