What to do if we are ending our lease because of work relocation but can’t give the required notice?

UPDATED: Feb 12, 2012

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What to do if we are ending our lease because of work relocation but can’t give the required notice?

My lease is up on the 28th of this month. In my lease it says that we have to give the landlord 90 days notice or they would assume we are staying. We found out last month that we need to relocate because of work. Now the landlord is finding any reason to charge us for anything (e.g. that we didn’tpay the first month’s rent; we have receipts however) and that we will need to pay 1more months rent before we leave. We already have a new apartment for starting next month. What can we do?

Asked on February 12, 2012 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, it is not  the landlord's concern that you have to relocate for work; the landlord is entitled to enforce the lease strictly. He may require as much notice of termination as the lease provides for; if you do not provide it, he would be entitled to hold you responsible for additional rent (for example, for the length of time you should have provided notice). He may impose any and every legal charge under the lease; he cannot double charge you for things you have already paid, and if he tries to sue you for those amounts, proof of payment should provide a good defense.

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