Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I live on Island NY with my wife and child. We have rented…

Customer Question
I live on Long Island...
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: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
1/17/2016
Lawyer: WiseOwl58, Other replied 2 years ago
WiseOwl58
WiseOwl58, Other
Category: Landlord-Tenant
Satisfied Customers: 4,595
Experience: Experienced landlord-tenant lawyer and real estate broker.
Verified

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.

Ask Your Own Landlord-Tenant Question
Lawyer: WiseOwl58, Other replied 2 years 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.

Ask Your Own Landlord-Tenant Question
Lawyer: WiseOwl58, Other replied 2 years 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.

Ask Your Own Landlord-Tenant Question
Lawyer: WiseOwl58, Other replied 2 years 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.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask WiseOwl58 Your Own Question
WiseOwl58
WiseOwl58
WiseOwl58, Other
Category: Landlord-Tenant
Satisfied Customers: 4,595
4,595 Satisfied Customers
Experience: Experienced landlord-tenant lawyer and real estate broker.

WiseOwl58 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My daughter signed a lease for a two bedroom in Brooklyn,
My daughter signed a lease for a two bedroom in Brooklyn, NY. She has a roommate (not on lease) who has agreed to pay half of the rent so that he could stay there when in town and could store his belo… read more
KLAW
KLAW
Juris Doctorate
2,377 satisfied customers
I signed a lease in Rochester, NY for 12 months after I was
I signed a lease in Rochester, NY for 12 months after I was offered a new job. That new job did not work out, and am unemployed. I need to break my lease but the landlord told me to sublet (because sh… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I live in state. I need to break a lease and my roommate
I live in Washington state. I need to break a lease and my roommate refuses to pay her portion of the lease break fee. If I only pay half of the fee, will I still be responsible for her half? I'm conc… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,932 satisfied customers
My roommate and I signed an apartment lease back in May 2014
My roommate and I signed an apartment lease back in May 2014 that would take us through to Aug 16, 2015. At the time of signing the lease my roommate did not know that this May 16th he would be gettin… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I signed a lease to rent a master suit out of a home shared
I signed a lease to rent a master suit out of a home shared with a family. I signed the lease in October and moved in October 1st. The master suite was for $800 a month which included utilities, wi fi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I am being financially challenged and have one month and 11
I am being financially challenged and have one month and 11 days left on my lease when I pay December's rent and submit to my landlord a 30 day notice. I don't want to ruin my credit. What can I do.… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Breaking a lease for a privately owned rental property: Our
Breaking a lease for a privately owned rental property: Our landlord doesn't want to allow my family to break our lease, which expires in March 2015. However, the term of the lease says that "prior to… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I have a tenant that I entered into a "so ordered stipulation"
I have a tenant that I entered into a "so ordered stipulation" in Yonkers NY for a nonpayment. The tenant's agreement was to make payment in full on August 29th 2014. The tenant spoke with me and stat… read more
socrateaser
socrateaser
1,031 satisfied customers
I need to brake my lease at the house I am renting. I had to
I need to brake my lease at the house I am renting. I had to stop working due to a back injury and we cant afford the rent price anymore. Along with that I no longer feel safe with my two little kids … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My son (attending college in Virginia) and roommate got an
My son (attending college in Virginia) and roommate got an off campus apartment. The roommate stopped paying. Roommate now owes me (mother) $900 that I loaned roommate for rent and utilities (Jan & Fe… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I have a lease and find and new tenant for the owner, am
If I have a lease and find and new tenant for the owner, am I responsible for the break lease fee?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Is it possible to break my lease early due to medical issues? I recently had a stroke and
Is it possible to break my lease early due to medical issues? I recently had a stroke and I'm not able to work the hours I use to and I can no longer afford my apartment. I live in lindenhurst ny… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have been renting a place in Portland, Oregon since July
I have been renting a place in Portland, Oregon since July first. Before moving in I was promised that blinds were being custom made for the entire building including my apartment which has almost flo… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
in NY (Staten Island) can a landlord charge one month rent
in NY (Staten Island) can a landlord charge one month rent as a rental fee for advertising the appartment when a tenant leaves and has give more than proper notice?… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
My daughter lives in Manhattan NY - She has asked to break
My daughter lives in Manhattan NY - She has asked to break her lease which she renewed in May 2012. as of July 1st her roomate moved out because she could lost her job and could not afford to stay - N… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My roommate broke lease leaving me no option but to also break
My roommate broke lease leaving me no option but to also break the lease plus cost me a fortune in moving expenses totaling around $3500. Any way to recoup my losses?… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I live in a 2 bedroom apartment - my boyfriend and I live in
I live in a 2 bedroom apartment - my boyfriend and I live in one bedroom, and a college friend who is also on our lease lives in the other bedroom. She has decided that life in Los Angeles, CA is too … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My lease ran out 11/21. In October, the apartment complex
My lease ran out 11/21. In October, the apartment complex left me a notice that my lease would expire on 11/21 and I needed to vacate the property or sign another lease. I was not in the position to l… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x