Ask Altagracia: I’m breaking my lease, and the landlord listed the apartment for a higher rent. Does this protect me from being sued?

Many New Yorkers don’t know how to go about breaking their lease. So when life comes along with other plans, like a new job forcing a relocation, breaking a lease can feel daunting and spark fears of being dragged to housing court.

But there’s no need to assume the worst-case scenario, said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. “What most renters don’t know is that the law actually incentivizes New York landlords to work with their tenants to find someone to take over the lease.”

In New York, landlords are required to mitigate damages when a tenant breaks a lease. This means that they have to make a good faith effort to rent out the apartment at either the same rent or at the current market value, whichever one is lower. 

“But if your landlord listed the apartment at a higher rent, they can’t then sue you for damages,” Pierre-Outerbridge said. “It’s a clear violation of the mitigation statute. They’d be directly benefitting from your choice to vacate, so I’d balk at any lawsuit.” Pierre-Outerbridge recommends documenting the listing as proof should a lawsuit come to pass. It could help you get a suit dismissed quickly without having to go to housing court. 

How to fulfill your duty

However, that alone doesn’t absolve you of your duty to fulfill the remainder of your lease, and vacating without any communication with your landlord would be a big risk. “It’s still in your best interest to remain cooperative so you don’t have to pay more than is necessary, because you are still on the hook until a new tenant takes over,” Pierre-Outerbridge said.

One of the best ways to show cooperation is to help find another tenant to take over the lease. “Especially if you have to relocate quickly, it’s in your best interest to find someone that can move in as soon as possible so you aren’t stuck paying rent for an apartment you aren’t living in for several months,” Pierre-Outerbridge said. “Your landlord will want to approve the new tenant, so make sure they can provide clear proof of income and financial history. ”

From there, the landlord can assign the lease to the new tenant or you can request a sublease. “Make sure you understand which type of agreement you are entering into, as a sublet keeps you responsible to meet lease obligations,” Pierre-Outerbridge said. 

Check your lease for other fees

Even if you are able to find someone to take over your lease, it’s worth further inquiry into other charges that you may owe. The rent laws passed in 2019 “help protect tenants as far as the remainder of the monthly rent payments are concerned. It does not however specify how other potential fees may be handled,”  Pierre-Outerbridge said. 

Though most leases are unlikely to include specific language that penalizes breaking the lease, Pierre-Outerbridge still suggests that tenants review their lease to see whether it outlines any additional fees, or how your security deposit may be impacted. “Since landlords are required to mitigate damages and find a tenant, they can’t exactly withhold the security deposit, but they may argue that they can use it to cover fees that they incur to re-rent the apartment, like repainting or hiring a brokerage,” Pierre-Outerbridge said. 

Ultimately, your goal is to pay as little as possible to get out of your lease, so do what you can to find a new tenant that can take over monthly rent payments. “You want to get your landlord out of your hair as quickly as possible, and presenting them with a new tenant will make that easier,”  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.