Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    Governor Hochul announced the environmental-review phase of the IBX project had begun.
    Live
    As the IBX gathers steam, some New Yorkers may be at risk of displacement
    brownstone NYC
    Troubleshooting
    You bought a NYC brownstone. How are you going to manage it?
    two-bedroom, three-bath co-op at 14 East 75th Street in Lenox Hill
    Co-ops
    What is a 'classic six' apartment and why is it so desirable?
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Naama Davidovics in her Morningside Heights apartment
    Rent
    From Washington Heights to Morningside Heights: I wanted a place that fit me better
    Man looking at his phone in NYC street
    Rent
    Why you should check reviews from current tenants before you sign a new lease
    Manhattan apartment buildings
    Rent
    Ask Altagracia: Can I avoid eviction if I’m struggling financially?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    staged outdoor space NYC at 212 East 70st St. #4b
    Staging + Open Houses
    Selling in NYC? Here's how to stage your outdoor space even if it's winter
    three-bedroom prewar co-op on Park Avenue, listed for $3.795 million. 
    Sell
    'Tis the season: What to consider if you’re selling your apartment or house in winter
    three-bedroom duplex condo in Williamsburg is listed for $1.8 million
    Sell
    How much does moving to the suburbs cost vs. staying in NYC?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Christmas tree ornaments
    Neighborhood Intel
    Take the poll for Brick Underground’s annual Tipping Guide
    image
    Neighborhood Intel
    I’ve been a NYC doorman for 22 years. This is what I think about holiday tipping
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    washer dryer condo bathroom
    Renovation
    Can I install a washer/dryer combo in my NYC co-op?
    NYC buildings in winter
    Improve
    How to warm up your chilly NYC apartment: Brick Underground's best advice
    image
    Renovation
    5 quick and inexpensive renovation projects if you're selling your apartment or house
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Manhattan street view of apartment buildings with street-level retail
    Rent
    Ask Altagracia: Do I have to move out temporarily if the landlord wants to make repairs?
    Sponsored By Outerbridge Law P.C.
    Manhattan apartment buildings
    Rent
    Ask Altagracia: Can I avoid eviction if I’m struggling financially?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: A landlord asked me to move out earlier than I planned. Do I have to pay the full rent?

  • Constructive eviction happens when conditions in an apartment force tenants to vacate
  • In these cases tenants are not responsible for rent while they're unable to occupy the unit
By Himmelstein McConnell Gribben & Joseph LLP  | February 7, 2024 - 9:30AM
Row of Old Brick Residential Buildings with Fire Escapes in Greenwich Village

“The landlord saying you can’t be in the apartment that week is tantamount to constructive eviction," says attorney Sam Himmelstein.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

My lease is up at the end of this month, but I need to move out early. My landlord found a new tenant to move in the 21st, and I agreed to pay prorated rent through the 20th. But now the landlord says I have to be out by the 13th so he can get the apartment ready. This requirement isn’t in my lease, and the landlord says the lease is no longer valid because I broke it. Do I still have to pay rent for that week?

If the landlord is preventing you from occupying the apartment, you should not be liable for rent, says Sam Himmelstein, an attorney at Himmelstein, McConnell, Gribben & Joseph who represents residential and commercial tenants and tenant associations.

“The landlord saying you can’t be in the apartment that week is tantamount to constructive eviction," Himmelstein says. “If he is excluding you from possession of the apartment, then rent payments should stop on the 13th.”

Constructive eviction happens when conditions in an apartment force tenants to vacate. In these cases, they are not responsible for rent while they can’t be in the unit.

Furthermore, your landlord’s claim that you broke the lease isn’t true.

“Tenants can move out of their apartments early, as long as they’re willing to continue paying the rent. And in this case, the tenant is actually accommodating the landlord by allowing him to rent the apartment out earlier,” Himmelstein says.      

You have not done anything illegal by moving out before the end of the lease—and in fact, if anyone broke it, it’s your landlord, by renting the apartment to a new tenant before your lease was officially up.

Tenants who do break apartment leases are only responsible for continuing to pay the rent until a new tenant is found—or, if the landlord rents the apartment for less, the difference between the lease rent and the new tenant’s rent. And if your landlord is renting the apartment to the new tenant at a higher rate than you were paying, then on top of everything else, he is violating mitigation law.

The law is on your side, in other words. Also in your favor: your landlord is unlikely to try to sue you for that extra week of rent if you decline to pay it.

“On a practical level, the landlord is not going to sue over seven days of rent,” Himmelstein says. “There’s no consequence even if the tenant doesn’t pay.”

Related: 

Ask Sam: My rental wasn't available when I moved in. Is that constructive eviction? (sponsored) 

Ask Sam: I'm moving and need to break my lease. How can I avoid paying a penalty? (sponsored) 

Ask Sam: I'm breaking my lease, and the landlord listed my apartment for a higher rent. Does this protect me from being sued? (sponsored) 

Read all our Ask a Renters Rights Lawyer columns here.


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

 

 

Alanna Schubach

Alanna Schubach

Contributing writer

Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist.

SEE MORE BY Alanna Schubach »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia leases tenants' rights
SHARE
TWEET
BRICK’S PICKS
staged outdoor space NYC at 212 East 70st St. #4b
Selling in NYC? Here's how to stage your outdoor space even if it's winter
image
I found an envelope of cash and bumped up my building’s holiday tips
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS