General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders.
- A survivor of domestic violence who fears staying can end the lease with written notice of a date at least 30 days away, then provide documentation such as an order of protection within 25 days.
- When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit at fair market value, which reduces what the tenant owes.
- When serious conditions make the home unlivable, a tenant may have claims for rent reduction or constructive eviction, usually decided by a court.
- To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there.
Since 2019 a New York landlord must try to re-rent a unit when a tenant leaves early, which limits how much rent can be claimed. Survivors of domestic violence, older tenants moving to care and service members have specific rights to end a lease.
New York breaking a lease at a glance
| Rule | New York | Law |
|---|---|---|
| Military service | A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. | Servicemembers Civil Relief Act (50 U.S.C. 3955) and New York Military Law |
| Domestic violence survivors | A survivor of domestic violence who fears staying can end the lease with written notice of a date at least 30 days away, then provide documentation such as an order of protection within 25 days. | Real Property Law section 227-c |
| Unlivable conditions | When serious conditions make the home unlivable, a tenant may have claims for rent reduction or constructive eviction, usually decided by a court. | Real Property Law (warranty of habitability) and case law |
| Landlord duty to re-rent | When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit at fair market value, which reduces what the tenant owes. | Real Property Law section 227-e |
| Month-to-month notice | To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there. | Real Property Law (month-to-month tenancies, as amended in 2019) |
Reasons that allow an early exit
A few situations let a tenant end a lease early with written notice and no penalty beyond what the law allows.
Military service. A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. (Servicemembers Civil Relief Act (50 U.S.C. 3955) and New York Military Law)
Domestic violence survivors. A survivor of domestic violence who fears staying can end the lease with written notice of a date at least 30 days away, then provide documentation such as an order of protection within 25 days. (Real Property Law section 227-c)
Other protected reasons. Tenants aged 62 or older can end a lease to move into an adult care facility, senior housing or a relative's home under rules set by statute. (Real Property Law section 227-a)
Unlivable conditions
Unlivable conditions. When serious conditions make the home unlivable, a tenant may have claims for rent reduction or constructive eviction, usually decided by a court. (Real Property Law (warranty of habitability) and case law)
What the tenant may still owe
Outside those situations, a tenant who leaves early is usually responsible for rent until the lease ends or the unit is re-rented, whichever comes first.
Landlord duty to re-rent. When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit at fair market value, which reduces what the tenant owes. (Real Property Law section 227-e)
Month-to-month tenancies
Month-to-month notice. To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there. (Real Property Law (month-to-month tenancies, as amended in 2019))
Mistakes to avoid
- Billing the tenant for every remaining month without trying to re-rent the unit.
- Ignoring a protected early termination notice because it is inconvenient.
- Agreeing to an early exit by phone without a written agreement.
- Keeping more of the deposit than the lawful deductions.
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General information, not legal advice.
Verify current law
We last checked these New York rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New York attorney about your situation.
Laws named on this page
- Servicemembers Civil Relief Act (50 U.S.C. 3955) and New York Military Law
- Real Property Law section 227-c
- Real Property Law (warranty of habitability) and case law
- Real Property Law section 227-e
- Real Property Law (month-to-month tenancies, as amended in 2019)
- Real Property Law section 227-a
Official sources
New York forms for this topic
Letters and checklists for this topic
Where landlords trip up.
Can a service member break a lease in New York?
A tenant entering military service, or getting orders to move, can end a residential lease early with written notice and a copy of the orders. Source: Servicemembers Civil Relief Act (50 U.S.C. 3955) and New York Military Law.
Can a survivor of abuse end a lease early in New York?
A survivor of domestic violence who fears staying can end the lease with written notice of a date at least 30 days away, then provide documentation such as an order of protection within 25 days. Source: Real Property Law section 227-c.
Does a New York landlord have to re-rent the unit?
When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit at fair market value, which reduces what the tenant owes. Source: Real Property Law section 227-e.
How much notice ends a month-to-month tenancy in New York?
To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there. Source: Real Property Law (month-to-month tenancies, as amended in 2019).