How can I get out of my lease if my boyfriend is getting transferred and I’m going to move with him?

UPDATED: Sep 30, 2022

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How can I get out of my lease if my boyfriend is getting transferred and I’m going to move with him?

After the move we are going to live together.

Asked on June 24, 2017 under Real Estate Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally speaking, you may not end a lease early unless your landlord has committed such a "material breach" of its terms (e.g. the premises was uninhabitable, etc.). If you break your lease without legal cause, you can be held liable for all remaining rent due. That having been said, unless the lease says you can't rent to a "subtenant" you can (although you remain primarily liable for the rent, damages, etc.). Additionally, you can "assign" the lease if you find somone who can take over for you; in such a cease you would not be liable for any rent, future damages, etc. However, if the lease prohibits assignment, you cant do this without your landlord's approval. That all having been said, if you do break the lease, your landlord in under a duty to "mitigate damages". This means that they cannot just let the apartment sit empty and still continue to collect from you; they must make reasonable efforts to re-lease it. Once they do, you will be relieved of any further liablity.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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