It is no secret that most of the properties in New York City are rented out by the people who own them, regardless of whether the property is residential or commercial in nature. When a party wishes to rent out a property from the owner, they will typically be required to sign a lease, which is simply a contract that lays out the responsibilities of both the landlord and the tenant. Leases often include information regarding the length of the rental, the amount that the tenant must pay in rent, rules that must be followed when renting the property, among other terms and conditions.
As stated, a lease includes the amount of time that the renter is contractually obligated to pay rent to the landlord. Most of the time, leases are for 6 months or 12 months but some landlords offer month-to-month leases. Of course, every lease is different so it is essential to read the contract before signing anything.
One of the questions that people in New York City have is regarding the termination of a lease. We understand that life happens, things change, and maybe it is impossible to fulfill an entire lease agreement due to unexpected life circumstances. The following parties are eligible to terminate a lease under New York State law:
- Active Duty Military Personnel who have received military orders requiring them to relocate before the end of the lease. The servicemember or dependents of the servicemember must provide written notice to the landlord.
- Victims of Domestic Violence may seek a court order to terminate their lease if they obtain an order of protection from their abuser. They must first request a voluntary lease termination from their landlord but can obtain a court order if the request is denied. The tenant has to prove that either themselves or their child is at risk of emotional or physical harm if they remain in the current living situation.
- Senior Citizens who are 62 years or older are permitted to terminate a lease if their physician states that they are no longer able to live independently for medical reasons and will either move in with a family member or to a residential care facility. The tenant must include a certification from his or her physician and have proof of new residency either with a family member or at an adult care facility.
If a tenant is not eligible to break their lease under the aforementioned circumstances, they may be able to assign their lease to a new tenant who will take on the legal obligation. However, the original tenant must have written consent from the landlord before doing so. If a tenant is only leaving the property for a temporary period of time but wishes to return, they may request that their landlord allows them to sublet the property.
If you have questions about terminating a lease in New York City, contact our firm today.
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.