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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have lived in NYC years. The lease to my apt is up in Feb.

Customer Question

Hello. I have lived in NYC for three years. The lease to my apt is up in Feb. 2017.
Three weeks ago I notified my landlord in writing that I would need to break my lease since my partner and I have decided to relocate to NJ. I shared that I would honor my lease until he was able to find a new tenant. I have paid rent thru June 30, 2016.
Yesterday, I learned from the realtor (his sister and also the board president of the bldg where I have been renting) that they have found a tenant who would like to move in on July 1, 2016 and will be paying slightly more than my current rent.
As the tenant who broke the lease, am I under any financial obligation such as paying the realtor's commission? Am I entitled to have my security deposit returned which is equivalent to one month's rent?
Thank you for your assistance.
Ann Marie Sabath
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Submitted: 5 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 5 months ago.

Good evening. I certainly understand the situation and your concern. Yes, you would be responsible for paying the commission to the realtor. I say this because absent a clause in the lease, you would be obligated to pay rent until it expires. However, if you gave the landlord notice of your intent to vacate and break the lease early, then they needed to make a good faith effort to find another tenant. If they did, then the cost would be passed on to you. Now, as far as your security deposit, as long as there are no deductions for damages/repairs, it should be returned to you, less any other damages/costs incurred as a result of breaking the lease.

Expert:  RealEstateAnswer replied 5 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 5 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!