Most properties are rented out by the people who own them in New York City, regardless of if the property is commercial or residential. When a party rents from the property owner, they will typically sign a lease. A lease is a contract that states the responsibilities of both the tenant and the landlord. A lease will also include the following information: the length of the rental, the amount that the tent will pay in rent, the rules the tenant is expected to follow when renting the property, and other terms and conditions.
A lease will include the amount of time that the rent is obligated contractually to pay rent. Leases are often for six or 12 months. However, some landlords offer month-to-month leases. Every lease is different. This is why it is so important to read the contract before signing.
Many renters in New York City have the same question: who can terminate a lease? Life happens and circumstances change. In some cases, it may be impossible to fulfill an entire lease agreement due to unexpected life changes. To learn more about how can terminate a least in New York State law, continue reading.
Who can terminate a lease in New York?
The following parties are eligible to terminate a lease in New York:
- Active Duty Military Personnel: When active-duty military personnel receives military orders requiring them to relocate before the end of the lease, they can terminate the lease. The service member or dependants of the service member must provide written notice to the landlord in this case.
- Victims of Domestic Violence: Domestic violence victims may seek a court order to terminate their lease after obtaining a protection order from their abuser. First, they are required to request a voluntary lease termination from their landlord. However, they can obtain a court order if the request is denied. During this process, the victim must prove that they, or their child, is at risk of physical or emotional harm if they remain in their current living situation.
- Senior Citizens: Those that are 62 and older are permitted to terminate a lease if their physician states that they are no longer able to live independently, citing medical reasons. These people will either move in with a family member or to a residential care facility. The tenant must include a certification from their physician. They must also provide proof of the new residence.
If you are seeking to terminate your lease, but do not meet the above qualifications, you may be able to assign your lease to a new tenant who will take on the legal obligation. However, you. must have written consent from the landlord before doing so. If you are only leaving the property for a temporary period and will return, you may request that your landlord allows you to sublet the property.
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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.