Breaking a Lease (apartments, credit, buying a home)

[LynnePatrice]

Does anyone know what the law is regarding breaking a lease are in Queens? We are buying a home and will probably be closing within the next 2 months and we signed a 2 year lease. Any info would be appreciated.

[rlrl]

I don't think the laws apply to Queens, they're probably state landlord- tenant laws or rent stabilization/controlled laws by the municipal agency that oversees the lease. If you break a lease I would imagine the landlord might first try to find someone to take the apt before taking the tenant to court, probably whatever is less time consuming and expensive to them. I'm sure that until the landlord finds a new tenant they can hold onto your security deposit.

[apvbguy]

Originally Posted by LynnePatrice

Does anyone know what the law is regarding breaking a lease are in Queens? We are buying a home and will probably be closing within the next 2 months and we signed a 2 year lease. Any info would be appreciated.

you are trying to break a contract that you entered into, their could be severe penalties or if you're lucky the landlord will be able to rent the place again and be happy to see you go. If I were you I'd contact the landlord and be upfront with your plans to leave and see how this can be worked out to be as minor of an issue as possible.

[cjma79]

LynnePatrice
One thing is for sure, you are not going to see your deposit.
You have to read your lease.
The best way out of it (and remember the deposit is gone) is to find another person to take over the lease(you need the landlord to approve). That way he cant take you to court for lost payments if he cant find another person...

This is the problem, if he can show to court(photocopy newpaper/craigslist ads) that he couldnt rent the apartment(for the same price) for 3 months then he can take you to court for 3 months rent.

[rlrl]

so he can only sue for a max imum of 3 months rent or for more months if the lease was a 2 year lease and say there were 20 months left?

[LynnePatrice]

I doubt they will have trouble renting it. It was gut renovated last year when we moved in and it is in Astoria, a block from the subway on a pretty nice block. They have been renovating and renting apartments in my building left and right since we moved in. They could probably raise the rent if we moved out. I'm not so worried about the deposit, but not getting sued would be nice.

[rlrl]

as you know getting sued can hurt your credit and if anyone does a civil court history search they can find it

[Irish Eyes]

Would you mind posting back if you hear anything else? We're hoping to be in the same position shortly. Could you ask your super what he thinks? The super in my building once told me that they don't give people a hard time about leaving. And like you I know they could get more than I'm paying because I've been here about 10 years. But I'd love more info.

[LynnePatrice]

IrishEyes, I will let you know what happens. We were not expecting to find a house so quickly, I doubt our landlord will sue. I'm fairly certain my place will rent easily. If you have been in your place for a while, and it is rent controlled, you probably won't have any problem. Based upon research I have been doing, if the landlord thinks he can get more for your place, more likely than not, they will let you out of your lease.

[drkman]

All you really need to do is speak to your landlord. If they are favorable with you breaking the lease then you should have no problems. A lot of times, it is not worth them to pursue the issue because they can get more for the apartment then trying to bind you to the lease. If they don't want to let you out of the lease, I believe, you can find suitable tenants to take over the remaining portion of the lease as long as the tenants meet the criteria the landlord wants.