What to do if my landlord is suing me for 3 months because I broke my lease early due to a restraining order?

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What to do if my landlord is suing me for 3 months because I broke my lease early due to a restraining order?

I broke it due to a restraining order I got on my ex-boyfriend 2 years ago; I felt like someone was following me. I got creeped out and moved out but now my landlord is suing me. Is there anyway that i can fight this using my restraining order?

Asked on July 30, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, your restraining order has no bearing on your contractual obligations (under your lease) to the landlord, and the landlord does not need to allow you out of  your obligations due to the wrongful actions of a third party not under his/her control. What you did may have been the right decision for you, but that still does not give you the right to terminate your lease without penalty. If your lease was still in effect, the landlord can seek the rent you would have owed under it for the remaining balance of its term.


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