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  71º

Updated 03/05/2011 04:43 PM

Break Your Lease Without Breaking The Bank

By: Jill Urban

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There may be some ways to break your lease without being left broke. NY1's Jill Urban filed the following report.

Just because your lease is not up does not mean you have to be stuck in your apartment.

“In most renters’ lives, there comes a time when they need to prematurely break up with their apartments and it’s really important that you know what your options are and to settle on a good strategy for walking away without owing everything that’s due under the lease,” says Teri Rogers, founder of BrickUnderground.com.

According to Rogers and real estate attorney Steven Wagner, there are ways to get out of a lease without being charged the full balance, plus the re-rental feels.

First they say to ask your landlord in writing to be let out of your lease. In a strong rental market, you may be able to work something out.

If not, your next move would be to find a replacement tenant who meets the same requirements you met to get the apartment. Legally you have a right to sublet or assign the lease.

“Even if the landlord and your lease says you can’t sublet or assign, find a qualified tenant and the statute, 226b of the real property law, gives you specific rights to sublet, not to be unreasonably refused,” explains Wagner. “And if you have four or more units, you can assign your unit. You have to follow the procedures, but if the landlord refuses and assignment unreasonably, you’re out of your lease.”

If the conditions in your apartment are so unsafe or unlivable that you have to get out, you can claim “constructive eviction.” Wagner says this would entitle you to break your lease, and in some instances, you could also collect treble damages.

Now, Rogers says another option is to see if you can swap apartments. A landlord may let you out of you switch to another unit in the building or to one of their other properties.

If nothing works and the landlord is being unreasonable, Rogers says you might have to play hardball.

“If your landlord is being tough on you, don’t be afraid to get tough on your landlord,” she says. “Look around the building for potential violations. Look on the Department of Buildings website and see if there are open violations that haven’t been fixed by your landlord yet and remind the Department of Buildings that these things exist. Try to be a thorn in your landlord’s side. Try to convince your landlord that he’d be better off without you.”

Just be careful. Even if the law is on your side, you don’t want to end up in housing court. A housing court record is like a scarlet letter and could make it difficult for you get another apartment in New York.

For more tips on how to break your lease, check out BrickUnderground.com.