What You Need to Know About Breaking Your Lease

Sometimes rental agreements include provisions on how to break your lease, and what your options may be.

You should speak with your Landlord about options to get out of your lease. For example, you may consider subletting, or helping the landlord find a new tenant.

It’s important to keep all relevant documents, for example:

• Your lease and lease renewal forms
• Photos of problems in your apartment
• List of dates and copies of letters telling your landlord about problems
• Receipts for the rent you have paid
• Evidence that landlord failed to rent apartment at a lower rent
• Take and keep photos of all areas to document condition when you left
• Other documents relevant record to the specifics of your case

• Were you forced to leave due to harassment or conditions dangerous to family’s health and safety?
• Are you a domestic violence survivor RPL 227-c?
• Was your lease and/or rent charged illegal?
• Did the landlord accept your surrender of the premises before the end of the lease?
• Are you no longer under a lease or other obligation for the months your landlord seeks rent?

• After you give notice to your landlord about breaking your lease, the law imposes a duty on them to mitigate their damages.
• This means your landlord will have to make efforts to rent your apartment to another tenant.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.