Life happens. Job loss, relocation, relationship changes, or simply finding an apartment you hate—there are many reasons you might need to break your NYC lease. The good news: you have options. The bad news: it usually costs something. Here's how to do it right.
Understanding Your Lease
First, read your lease carefully. Look for:
- Early termination clause — Some leases allow you to break early with 30-60 days notice and a fee (often 1-2 months rent)
- Subletting clause — Your right to sublet (NYC law gives you this right in most cases)
- Lease end date — Know exactly when your obligation ends
- Landlord contact — Who to negotiate with
Your Options for Breaking a Lease
Option 1: Negotiate a Lease Buyout
The most straightforward approach. You pay the landlord an agreed amount to release you from the lease.
Typical Buyout Terms
- 1-2 months rent is common for early termination
- Forfeiting security deposit may be part of the deal
- Less if market is hot — landlords can re-rent quickly
How to negotiate: Approach your landlord professionally, explain your situation, and propose a reasonable buyout. Get any agreement in writing and signed by both parties.
Option 2: Find a Replacement Tenant
Landlords often agree to let you go if you find a qualified replacement tenant. This saves them the hassle and cost of finding someone new.
- Advertise the apartment yourself (with landlord permission)
- Screen candidates who meet the landlord's requirements
- Present qualified applicants to your landlord
- Landlord signs new lease with replacement, releasing you
Option 3: Sublet the Apartment
Under NYC law (Real Property Law § 226-b), tenants in buildings with 4+ units have the right to sublet with landlord approval (which cannot be unreasonably withheld).
Subletting Process
- 1. Send written request to landlord with subtenant info
- 2. Include subtenant's financials and references
- 3. Landlord has 30 days to respond
- 4. If no response, consent is deemed given
- 5. Landlord can only deny for "reasonable" grounds
Important: You're Still Responsible
When you sublet, you remain on the lease. If your subtenant doesn't pay or causes damage, you're liable. Screen carefully!
Option 4: Assign the Lease
Assignment transfers your entire lease to a new tenant—you're completely released. Landlords aren't required to allow this, but many will if the new tenant is qualified.
When You Can Break a Lease Without Penalty
In certain situations, you can legally break your lease with no penalty:
Legal Grounds for Lease Termination
- Uninhabitable conditions — Serious violations of the warranty of habitability (no heat, major pests, dangerous conditions). Learn more →
- Landlord harassment — Illegal entry, threats, shutting off utilities, etc.
- Active military duty — Servicemembers Civil Relief Act allows military members to terminate leases
- Domestic violence — NYC law allows victims to break leases with documentation
- Senior citizen moving to care facility — With proper documentation
Landlord's Duty to Mitigate
Important: In New York, landlords have a duty to mitigate damages. This means if you break your lease, the landlord must make reasonable efforts to re-rent the apartment. They can't just leave it empty and sue you for the full remaining rent.
If you break your lease and the landlord re-rents within a month, you'd typically only owe that one month—not the remaining lease term.
Potential Costs of Breaking a Lease
What You Might Owe
Step-by-Step: How to Break Your Lease
- Review your lease — Look for early termination clauses
- Document everything — If leaving due to conditions, take photos/videos and keep records of complaints
- Notify landlord in writing — Explain your situation and propose a solution
- Negotiate — Be professional and flexible
- Get agreement in writing — Any deal should be signed by both parties
- Leave the apartment in good condition — Clean, fix any damage, return keys
- Get confirmation of lease termination — Written statement that you're released
What NOT to Do
- Don't just disappear — "Skipping" on a lease can hurt your credit and result in lawsuits
- Don't stop paying rent — Continue paying until you have a written agreement
- Don't sublet without permission — Unauthorized sublets can result in eviction
- Don't assume verbal agreements count — Get everything in writing