Breaking a lease in NYC (sublets, apartment, renter)

[yankran2601]

I live in a rent stablization apt in NY, I need to break my lease on September with about 10 months to go on it. I have been told in NY you are able to break lease without penalties. Can any one confirm or deny that. I intended to let my landlord know in early August that I will break the lease. I been in apt 40 yrs so landlord will able to put the apt back on market with a great increase but I wanted to be sure that legally I was fine.

Thanks.

[Viralmd]

I've broken a lease, but it certainly wasn't without penalty!

[analyticalkeys]

I don't know about without penalty, but you can certainly try to work something out since you're a long-time tenant.

[Fred314X]

Officially, no, you can't. But unofficially, there's nothing preventing you from working something out with the landlord. It will all depend on how the landlord looks at the situation.

[drkman]

Considering you have been in your apartment for 40 years, I would think that the landlord would have no objection to you breaking the lease. The best thing to do is talk with the landlord, advise him of the situation and ask if you will be penalized. If he says No, then ask if you can get it in writing so that you have proof. If he says that you will be, then consider a sublet until the lease is up.

[krichton]

You're kidding right? Penalty? Your landlord will probably pay to get rid of you at this point. My god, 40 years? What is your rent like $100 a month?

[rlrl]

if he can find someone to replace you maybe he will not penalize you. maybe he will only penalize you for the time he couldn't find anyone? not sure how that actually works though

[nab]

i live in rental apartment bldg in new york city since 26 years, there is only 3 months left in lease. I bought a home and has to move in 3 weeks , i called landlord office and they said i have to pay 500 dollars termination fees,have to give up security deposit plus till they find the renter i have to pay rent? means if they dont find renter i will pay rent plus termination fee plus give up my security? well is there is anyway i can break the lease or in nyc can i have sublet or sub-lease? appreciate all replies asap

[NJ Chutzpah]

try to find someone to take you lease at the same rate at least, but make sure it is a guarantee, then try to deal with the Landlord/management

[Henna]

If it's rent stablized, the landlord is supposed to ok a sublettor but the language is a little fuzzy as far as I remember. if (and only if) the apartment is rent stablized then you can read about your rights to sublet here NYC Rent Guidelines Board

If it's not a rent-stabilized apartment then I believe the landlord has the right to turn down your request to sublet if there is no language about sublets in your lease. (I am not a lawyer)

In your case I think finding a sublettor would be the best option if they allow it.

In the scenario they presented to you, I really don't understand how they can legally keep your security deposit but I think they can probably charge you a termination fee plus any rent while the apartment is unoccupied.