Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
- Victims of domestic violence can give a landlord 30-days’ notice to get out of a lease
- You can turn to a therapist, clergy member, doctor, or attorney to support your case
The real property law protecting victims of domestic abuse applies to all apartments, both rent regulated and market rate.
iStock
I want to leave my partner, who is being abusive. How can I get out of my lease?
Victims of domestic violence have legal protections under section 227C of the real property law. This New York State legislation identifies the actions you can take to move out of a dangerous rental situation. The first step is to send a letter to the landlord giving notice that you are terminating the lease in 30 days.
“The statute gives very detailed instructions, even down to the exact wording you need to use,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords.
Once you give notice to your landlord you have 30 days to provide supporting evidence. An order of protection—a legal document from a judge determining you are a victim of some kind of violence—provides the clearest evidence of your status. However, there are alternative documents you can provide because, in many cases, an order of protection has not been issued.
The supporting documents you need
An attorney can help you identify the evidence you need. One option is to provide a letter from a therapist who has treated you for issues related to abuse. Letters from a member of the clergy, a rabbi, doctor, or attorney can also meet this requirement.
“I’ve had clients use a letter from a divorce lawyer,” Pierre-Outerbridge said. “If children are being abused, a pediatrician can document the trauma,” she added.
At this point the landlord has a duty of confidentiality. This means they must advise the remaining party—without revealing why you are leaving—that they can either take on the lease alone or leave the property.
“In most cases the victim has already moved out and we are doing damage control to prevent them from paying the abuser’s rent,” Pierre-Outerbridge said.
Written agreement from the landlord not required
Once you have given the landlord notice and provided supporting documents, the lease is terminated. You do not need the landlord’s agreement to leave without liability. Even so, there can be situations where the landlord or management continues to issue rent bills or sends you harassing messages about paying the rent.
“We have about three or four cases where we are pursuing the landlord for ignoring the statute,” Pierre-Outerbridge said.
An attorney can save you months of rent
The law protecting victims of domestic abuse applies to all apartments, both rent regulated and market rate. While the statute is both explicit and complex, an attorney can help you navigate the law’s requirements.
“A letter to the landlord from an attorney is a signal that you know your rights and are prepared to fight for them,” Pierre-Outerbridge said.
An attorney’s fee will typically be less than the cost of paying the rent for another six or seven months of your lease. “The math usually works out,” Pierre-Outerbridge said.
Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.
You Might Also Like
