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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3620
Experience:  Experienced real estate lawyer and real estate broker.
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I live on Island NY with my wife and child. We have rented

Customer Question

I live on Long Island NY with my wife and child. We have rented an apartment in a large community. We have been there a year and have signed a new lease that is good until September. Last month my pay was cut in half and now we really can't afford to stay here.
Is there a way to break the lease without paying the entire lease? Can I break the lease due to financial hardship?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 10 months ago.

Hello, and I am very familiar with Long Island.

Here is the story under New York law.

First, I recommend that you speak to your landlord. Tell him the situation and ask if he can lower your rent for the time until you get another job or if he can put you on a deferred payment program.

If that doesn't work, then, yes, you can break the lease. If you break the lease, the landlord has an obligation to find another tenant to move in and pay the rent. If he does find another tenant, then you are only responsible for the rent for the time after you move out until the new tenant moves in.

The law requires him to act in good faith to get another tenant in there. He can't just sit back and make you pay all rent till the end of the lease. You are only responsible for the time that he doesn't get rent---but he must try hard to get someone in there.

You can also advertise and try to get a replacement, and as long as the tenant is reasonably credit worthy, the landlord must accept your substitute tenant.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Now, pease rate 4 or 5 and close out the question. Otherwise I get no credit for my work.

Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Now, pease rate 4 or 5 and close out the question. Otherwise I get no credit for my work.

Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Now, please rate 4 or 5 and close out the question. Otherwise I get no credit for my work.

Good luck to you. I wish you all the best.

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