NY · Renter law

How to break a lease in New York without penalty

New York gives renters several statutory exits, and since 2019 it has required landlords to try to re-rent when a tenant leaves early. Here is each way out, the paperwork it needs, and what leaving costs when none applies.

Updated October 23, 2026 · 10min read · How we check the law

The short answer

You can end a New York lease early without owing future rent if you or a household member is a domestic-violence victim who fears staying (30 days’ written notice, documents within 25 days, Real Property Law § 227-c), if you are 62 or older or have a disability and are moving into a care facility, subsidized or senior housing, or a family member’s home (§ 227-a), if you enter military service or get qualifying orders, if the landlord unreasonably refuses to let you assign the lease (released on 30 days’ notice, § 226-b), or if the home becomes untenantable without your fault (§ 227). Otherwise the landlord must try to re-rent at fair market value, and your obligation ends when a new tenant’s lease begins (§ 227-e).

Every legal way out of a New York lease

SituationWhat you doStatute
Domestic violence, and you fear stayingWritten notice, end date 30+ days out, documents within 25 daysRPL § 227-c
Age 62+ or disability, moving to care, senior or subsidized housing, or familyWritten notice with certification or admission papersRPL § 227-a
Entering military service, PCS or 90+ day deploymentWritten notice with orders50 U.S.C. § 3955; Mil. Law § 310
Landlord unreasonably refuses an assignmentRequest release on 30 days’ noticeRPL § 226-b
Home destroyed or made untenantable, not your faultMove out and surrenderRPL § 227
Tenant diesEstate asks to assign or sublet; release if refused or terminatedRPL § 236
Lease “renewed itself” without a reminderThe renewal clause doesn’t bind youGOL § 5-905
None of the aboveGive notice; landlord must try to re-rentRPL § 227-e

Domestic violence

What the law saysN.Y. Real Prop. Law § 227-c
A tenant who is, or whose household member is, a victim of domestic violence and who reasonably fears staying may end the lease by written notice to the landlord and to any co-tenants other than the abuser. The notice states what happened and sets a termination date at least 30 days after delivery (five days after mailing, if mailed). Rent is owed pro rata to that date, and the landlord can’t withhold any part of the deposit because of the termination.

Within 25 days of the notice, provide one piece of documentation: a temporary or final order of protection, a law enforcement record, a health care record, or a written verification from a qualified third party such as a social worker, therapist, attorney, doctor, domestic-violence agency worker or member of the clergy. If you’ve already moved out, prepaid rent for the period after the termination date must be refunded within ten days. The landlord must keep the information confidential, and any lease clause waiving these rights is void.

Seniors and people with disabilities

What the law saysN.Y. Real Prop. Law § 227-a
A tenant who is 62 or older (or will turn 62 during the lease), or who has a disability, along with a spouse or dependent living with them, may end the lease to move into an adult care facility, a residential health care facility, subsidized low- or moderate-income housing, or senior housing, or to a family member’s home if a physician certifies they can no longer live independently. Termination takes effect no earlier than 30 days after the next rent due date following the notice.

The notice goes with the paperwork: a copy of the executed lease or contract with the facility, or for a move to family, the physician’s certification plus a notarized statement from the relative that you’ll live with them for at least six months. Anyone who holds your belongings to collect rent for the period after a lawful termination commits a misdemeanor.

Military service

What the law says50 U.S.C. § 3955 (Servicemembers Civil Relief Act)
A tenant may end a residential lease after entering military service, or, if the lease was signed while in service, after receiving orders for a permanent change of station or a deployment of at least 90 days, by delivering written notice and a copy of the orders. For monthly rent, termination takes effect 30 days after the next rent due date. No early-termination charge is allowed.

New York’s Military Law § 310 adds a state version for tenants who enter military service after signing, with the same timing.

Assigning the lease to someone else

What the law saysN.Y. Real Prop. Law § 226-b(1)
A tenant may not assign the lease without the landlord’s written consent, but if the landlord unreasonably withholds consent, the landlord must release the tenant from the lease on the tenant’s request with 30 days’ notice. Lease clauses waiving this are void.

This is the most overlooked exit in New York. Find a qualified person who will take over your lease, ask the landlord in writing to consent to an assignment, and include their application details. If the landlord says no without a good reason, request your release in writing. In buildings with four or more units you also have a separate right to sublet with consent that can’t be unreasonably withheld.

When the apartment becomes unlivable

What the law saysN.Y. Real Prop. Law § 227
Where a building is destroyed or so damaged by the elements or any other cause that it is untenantable and unfit for occupancy, and there is no written agreement to the contrary, a tenant who didn’t cause the damage may quit and surrender possession, and owes no rent after the surrender. Prepaid rent is adjusted to the date of surrender.

Check your lease for a fire or casualty clause, because the statute applies only when there’s no written agreement to the contrary. For conditions that aren’t a disaster, like no heat, leaks or pests, the warranty of habitability (§ 235-b) entitles you to a livable home and a rent reduction when it isn’t. Moving out over bad conditions is riskier, so document everything and get a city or code inspection first.

When a tenant dies

What the law saysN.Y. Real Prop. Law § 236
The executor, administrator or legal representative of a deceased tenant may ask the landlord in writing to consent to an assignment or sublet. If the landlord ends the lease or unreasonably refuses, the lease ends and the estate is released from further liability as of the last day of that month. If the landlord doesn’t answer within 30 days, consent is deemed given. Requests go by registered or certified mail, and the right can’t be waived.

Automatic renewals without a reminder

What the law saysN.Y. Gen. Oblig. Law § 5-905
A clause renewing the lease unless the tenant gives notice isn’t enforceable unless the landlord, 15 to 30 days before the tenant’s notice deadline, personally serves or sends by registered or certified mail a written reminder calling attention to the clause.

If no exit applies: what leaving early costs

What the law saysN.Y. Real Prop. Law § 227-e
When a tenant leaves early, the landlord must take reasonable and customary steps to re-rent the unit at fair market value or the lease rate, whichever is lower. Once a new tenant’s lease begins, the departing tenant’s obligation ends. A lease clause relieving the landlord of this duty is void.
Lease language to watch for
“Tenant shall remain liable for all rent through the expiration of the Term, whether or not Landlord re-lets the Apartment.”

An example of what you would actually owe:

  • Rent is $3,200 a month, and you leave with eight months left.
  • You give a month’s notice and the landlord lists the apartment at the same rent.
  • A new tenant’s lease begins one month after you move out.

You owe about one month’s rent ($3,200), not $25,600. If the landlord lists the apartment above market or doesn’t advertise it, the vacancy that follows isn’t a reasonable step to re-rent. Your deposit must come back with an itemized statement within 14 days of move-out, less only unpaid rent and damage.

Breaking a lease in New York City, Buffalo, Rochester, Yonkers and Albany

Every exit above is state law, so it applies in every city. Rent stabilization and local good-cause eviction laws protect your right to stay and to renew, but they don’t change how you leave early.

New York City: buyout offers

What the law saysNYC buyout rules (summarized by the NY Attorney General)
A landlord may offer money to leave, but the offer must be in writing and must say that you can consult a lawyer, that you can decline and stay, and that you can tell the landlord in writing not to contact you about buyouts. After you opt out in writing, the landlord generally can’t raise a buyout again for 180 days. Threats or repeated contact about a buyout count as harassment.

If you were going to move anyway, a written buyout is better than breaking your lease. Don’t sign anything that releases claims you didn’t mean to give up, and get the payment date in writing.

Buffalo, Rochester, Yonkers and Albany

The same state exits and the § 227-e re-renting duty decide what you owe. Wherever the unit takes longer to re-rent, the re-renting duty matters most: ask the landlord where the apartment is listed and at what rent, and keep a record of every qualified applicant you refer.

How to leave, step by step

  1. Find your exit in the table above and gather its documents.
  2. Try an assignment first if no exit applies. A reasonable replacement either gets you out cleanly or gets you released.
  3. Give written notice and keep proof of delivery. Mailed notices count as delivered five days after mailing under §§ 227-a and 227-c. Use a lease termination letter template.
  4. Ask how the unit is being marketed, and keep a record of every applicant you send.
  5. Get any settlement in writing, including that you owe nothing further.
  6. Document the move-out with dated photos, return the keys, and give a forwarding address for the deposit.

For clauses New York won’t enforce, see illegal lease clauses in New York, and for other states, the early termination rules by state.

Questions renters ask

How much does it cost to break a lease in New York?

Without a legal exit, you owe rent until the landlord re-rents the unit, and the landlord must take reasonable and customary steps to re-rent at fair market value. Your obligation ends when the new tenant’s lease begins. A clause saying the landlord has no duty to re-rent is void. If the unit re-rents in a month, you owe about a month’s rent, not the rest of the lease.

Can I break my lease in New York for domestic violence?

Yes. Give written notice to the landlord and any co-tenants other than the abuser, stating that you or a household member experienced domestic violence and can’t safely stay, with a termination date at least 30 days later. Within 25 days provide documentation such as an order of protection, a police or court record, a health care record, or a written verification from a qualified third party. Rent is owed only to the termination date and the landlord can’t keep your deposit because you left.

Can a senior break a lease in New York to move into assisted living?

Yes. A tenant who is 62 or older (or will be during the lease), or who has a disability, can end the lease to move into an adult care facility, a residential health care facility, subsidized housing, or senior housing, or into a family member’s home when a physician certifies they can no longer live independently. Termination takes effect no earlier than 30 days after the next rent due date following the notice.

Is it legal for my NYC landlord to offer me money to move out?

Yes, if the offer follows city rules: it must be in writing, explain your right to consult a lawyer and to decline and stay, and include the other required information. If you tell the landlord in writing that you don’t want buyout offers, it generally can’t contact you about one for 180 days.

Do I get my security deposit back if I break my lease in New York?

The deposit can cover only unpaid rent and damage beyond normal wear and tear, and the landlord must return it with an itemized statement within 14 days after you move out. A clause making the whole deposit a lease-break penalty conflicts with that rule.

Sources & statutes

More for New York renters

LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.