RitezyNew York legal help
Ask for free

Renting & housing · Question

Can you break a lease in New York? What you owe and when you can leave early

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

A lease is a binding contract, so leaving early can leave you owing rent. But under Real Property Law § 227-e, your landlord must make reasonable, good-faith efforts to re-rent the apartment, and once a new tenant's lease starts, yours ends. The landlord has to prove any damages they claim. Some tenants can end a lease early by written notice: seniors 62+ and people with disabilities moving to care or family (§ 227-a), domestic violence survivors (§ 227-c), and people entering military service (Military Law § 310). You may also ask to sublet or assign your lease under § 226-b.

Read on for the details, the exceptions and the sources.

In plain words

Mitigate
Reduce the loss. Here, the landlord must try to re-rent so you don't owe rent for an empty apartment.
Assign a lease
Hand your lease over to someone else for the rest of the term, so they take your place.
Sublet
Rent your apartment to someone else for a time while you stay responsible under your lease.
Pro rata
Divided by days: you pay only for the part of the month up to the end date.

The full answer

If you move out before your lease ends without a legal right to do so, you may owe the landlord the rent they lose. Real Property Law § 227-e limits that: the landlord must, in good faith and according to their resources and abilities, take reasonable and customary steps to rent the apartment at fair market value or at your rent, whichever is lower. If they re-rent at that rate, the new tenant's lease, once in effect, ends yours and reduces what you might owe. The burden of proof is on the party seeking damages, and a lease clause that excuses the landlord from this duty is void.

Your security deposit isn't a free last month. Under General Obligations Law § 7-108(1-a)(b), the landlord may keep from it only the reasonable, itemized cost of unpaid rent, damage beyond normal wear and tear, unpaid utilities owed under the lease, and moving and storing belongings you left.

Another route is to find a replacement. Under § 226-b(1), you can't assign your lease without the landlord's written consent, which can be withheld; but if the landlord unreasonably withholds consent, they must release you from the lease on 30 days' notice if you ask. In a building with four or more units, you may sublet with the landlord's written consent, which can't be unreasonably withheld (§ 226-b(2)); you remain responsible under your lease while you sublet.

Exceptions and special cases

  • Seniors and people with disabilities (§ 227-a): a tenant who is 62 or older (or will turn 62 during the lease), or has a disability, can end the lease to move into an adult care or residential health care facility, subsidized low-income housing, senior housing, or, with a doctor's certification, a family member's home. The notice must include documentation; it's deemed delivered five days after mailing and takes effect no earlier than 30 days after the next rent due date.
  • Domestic violence survivors (§ 227-c): if you or a household member is a victim and reasonably fears staying, you can end the lease by written notice naming an end date at least 30 days after delivery, then provide documentation within 25 days, such as an order of protection, a police or medical record, or a qualified third party's statement. You pay rent only up to the end date, prepaid rent must be refunded within 10 days if you've moved out, and the landlord can't keep your deposit because you used this right.
  • Military service (Military Law § 310): if you signed the lease and then entered military service, you can end it by written notice at any time after service begins. For monthly rent, it takes effect 30 days after the next rent due date.
  • Fire or other damage: the Attorney General's guide explains that if the apartment becomes uninhabitable through no fault of yours, and the lease doesn't say otherwise, you may move out and end the lease (Real Property Law § 227).
  • Rent-stabilized apartments: subletting is subject to the rent stabilization rules as well (§ 226-b(4)); see DHCR's guidance before you sublet.

What to do now

  1. Read your lease

    Look for an early-termination or buyout clause, subletting rules and the notice address.

  2. Check whether a special right applies

    Age, disability, domestic violence or military service may let you end the lease by notice. Follow the steps and documentation rules exactly.

  3. Talk to the landlord in writing

    Give as much notice as you can, offer to help find a replacement, and ask whether they'll agree to end the lease. Get any agreement in writing.

  4. Leave the apartment in good shape

    Take dated photos, return the keys, and send your forwarding address so the deposit rules work in your favor.

  5. Keep a record of the landlord's re-renting efforts

    Save listings you see, and the names of people you referred. If the landlord sues you for rent, they must prove their damages, and § 227-e requires them to have tried to re-rent.

Frequently asked questions

Do I owe all the rent until the end of my lease?

Not automatically. The landlord must make reasonable efforts to re-rent (§ 227-e). Once a new tenant's lease at fair market value or your rent takes effect, your lease ends. You may still owe rent for the time the apartment sat empty despite those efforts.

Can my lease say the landlord doesn't have to re-rent?

No. A lease provision that exempts the landlord from the duty to mitigate is void (§ 227-e).

My landlord says I can't sublet. Is that allowed?

In a building with four or more units, the landlord can't unreasonably refuse a sublet you request properly by certified mail. If they don't answer within 30 days of your request (or of the extra information they asked for), that counts as consent (§ 226-b(2)).

Can I just use my deposit as the last month's rent?

It's risky. The deposit is security, not rent, and the landlord may apply it only to lawful deductions such as unpaid rent and damage beyond wear and tear (General Obligations Law § 7-108(1-a)(b)).

Want your own situation checked?

This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.

Check my situation — free

Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

Related questions

Related guides

This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.