Can I break my lease early in New York City?

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One of the most searched housing questions in NYC — and one that landlords never volunteer to explain. Here is what you need to know about breaking a lease early in New York City in 2026.

When you can legally break your lease without financial penalty:

Uninhabitable conditions — if your apartment has serious issues (no heat in winter, severe mold, pest infestation, no hot water) and your landlord refuses to fix them after written notice, you may have legal grounds to terminate without penalty under New York's warranty of habitability
Domestic violence — victims of domestic violence can terminate a lease early with 30 days' written notice and supporting documentation (court order or police report) under N.Y. Real Prop. Law § 227-c
Active military service — tenants entering active military service can break a lease under the federal Servicemembers Civil Relief Act
Senior or disability relocation — tenants aged 62+ or with a qualifying disability moving into a nursing home or care facility can terminate early with physician documentation under N.Y. Real Prop. Law § 227-a

When you cannot easily break your lease:

Changing jobs, moving in with a partner or simply wanting a different apartment are not legal grounds for penalty-free early termination
Most standard NYC leases are binding for 12 months; leaving early means you are liable for rent until the landlord finds a new tenant
Some leases include an early termination clause — typically 2 to 3 months' rent as a buyout fee

Steps to break your lease the smart way:

Review your lease for any early termination clause before doing anything else
Approach your landlord in writing and explain your situation — many landlords prefer a cooperative exit over a legal dispute
Offer to help find a replacement tenant — NYC law requires landlords to make a reasonable effort to re-rent the unit, which reduces your liability
Consider subletting or lease assignment as alternatives — tenants in buildings with 4 or more units have a statutory right to sublet with landlord approval