Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question about breaking a lease. NY. The lease has…

Hi yes I have...

Hi yes I have a question about breaking a lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NY

Lawyer's Assistant: Has anything been filed or reported?

The lease has been signed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is no cancellation clause but would like to hear about options

Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/30/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,859
Experience: 30 years experience representing clients.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Legal Question
What is the reason you want to break the lease? Is there any habitability issue?
Is the landlord in breach?
Ask Your Own Legal Question
Customer reply replied 5 months ago
Distance from work is not feasible
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, your lease is binding and enforceable for the lease term stated in the contract. Therefore, without a provision in the lease providing a right to early termination or landlord breach (constituting constructive eviction), you are liable for the payment of rent and other obligations specified in the agreement until the end of the lease term.
So, you have a few options. First, you can try to negotiate a lump-sum settlement of the remaining balance on the lease.
Next, you can try to find a new tenant to either be a subtenant or assignee of your lease.
Finally, and most risky, you can just move out without a new tenant or settlement, and hope the landlord can relet the space quickly.
The last option puts you in breach of the lease and subject to damages if the landlord sues and prevails.
With regard to the first two options, if you find a new tenant or reach a settlement with the landlord, it is most important that the terms be in writing and signed by the parties so that it is enforceable in court.
I am sorry. I wish I could tell you otherwise, but I do not want you incurring further liability and spinning your wheels.If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
Ask Your Own Legal Question
Did you have further questions? Have I answered your question satisfactorily? Please let me know.
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,859
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,859
37,859 Satisfied Customers
Experience: 30 years experience representing clients.

Loren 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am wondering if theses are grounds to break my lease.
I am wondering if theses are grounds to break my lease. There has been major damage t the home which will need months of renovation. during which i will lose the use of one bedroom and a 2 car garage.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,702 satisfied customers
Can the owner collect rent if i break my lease. Illinois. I
i called and talked to the owner and explained i had given them my written 30 day notice and i couldn't afford to live there. i only receive 694.00 a month from ss … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,210 satisfied customers
I need advice about breaking a lease to which my roommate
I need advice about breaking a lease to which my roommate refuses to sign for me to break the lease and I need her signature to even just move off of it. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
I ultimately would like to break a lease without paying a
Second opinion] I ultimately would like to break a lease without paying a fee because I have found my house to not meet Oregon housing standards. I want to speak to an attorney to see if I am correct.… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,065 satisfied customers
Breaking A lease. Landlords whith tenantes braking leasee.
breaking A lease JA: What state is this in? It matters because laws vary by location. Customer: landlords whith tenantes braking leasee JA: What steps have the landlords taken so far? Customer: brakin… read more
LegalGems
LegalGems
Juris Doctorate
11,930 satisfied customers
I have a question about breaking a lease due to hababilty
I have a question about breaking a lease due to hababilty violations … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
I ultimately would like to break a lease without paying a
I ultimately would like to break a lease without paying a fee because I have found my house to not meet Oregon housing standards. I want to speak to an attorney to see if I am correct. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
If an apartment complex allows you to break a lease with a
if an apartment complex allows you to break a lease with a 60 day notice and pro-rates the last month, can they turn around and bill you for the remainder of the lease, plus a fee for breaking the lea… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Would it be possible to break a lease due to odor caused
Would it be possible to break a lease due to odor caused from frequent cooking of prior rentals? It's been 1.5 months and the smell will not go away no matter what we try … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
Can you give advice on breaking a lease in Virginia?
Hi - can you give advice on breaking a lease in Virginia? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,176 satisfied customers
I need to break an lease fir the apartment I'm living in,
I need to break an lease fir the apartment I'm living in, They do not provide the thing that I signed up for. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I am wondering about breaking a lease. Texas. A lot! I got
A lot! I got permission from the landlord to break the lease, but she has already rented the house and is asking us to pay rent for April, even though we are moving out on March 26. Is she justified? … read more
Loren
Loren
Attorney
37,859 satisfied customers
I live in North Carolina.I need to break my lease. I leased
I am Marcia. I live in North Carolina.I need to break my lease. I leased my apartment on July 11, 2017, and ends in October, 2018. Due to health issues, I need to move to a diifferent state. The termi… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,228 satisfied customers
Looking for laws in Texas on an elder breaking a lease for
looking for laws in Texas on an elder breaking a lease for medical reasons, needed to move into assisted living … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I have questions regarding breaking a lease in California.
I have questions regarding breaking a lease in California. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
I want to break a lease, it is for 6 months, the noise is
I want to break a lease, it is for 6 months, the noise is excessive and … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,702 satisfied customers
I have a question on breaking our lease. We signed a lease
I have a question on breaking our lease. We signed a lease for 1 year for our current apartment and because my husband is getting a job transfer, we have to move out of state. … read more
Loren
Loren
Attorney
37,859 satisfied customers
Can I legally break a leasing contract if the apartment
Can I legally break a leasing contract if the apartment management is negligent with keeping the property safe? For example, a wooden swing was rotten and fell on my daughter, causing the need for sut… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 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