With few exceptions, residential tenants wishing to leave their apartments prior to the stated expiration of their lease terms, often do so at their own risk and are subject to continuing liability for the rent (as it becomes due), even if the premises are left vacant or unoccupied.
A recently enacted New York State law authorizes tenants who have secured orders of protection to be relieved of liability under their residential leases upon establishing to a court's satisfaction that:
- there exists substantial risk of physical or emotion harm to the tenant (or the tenant's child) if relocation is not permitted;
- relocation will reduce that risk;
- the tenant has attempted to secure the landlord's consent to the lease's termination and that request was denied; and
- the tenant is acting in good faith.
If granted, a tenant will only be liable for those lease-related obligations which accrue through and including the court-ordered termination date (which can run anywhere from 30 to 150 days from the "due date of the next rental payment subsequent to the date such order is served" on the landlord).
Daniel E. Clement, a New York divorce and family law attorney, recently observed that, "The landlord's inconvenience and expense of re-letting an apartment, pales in comparison to the need to provide a safe home to a battered person."
We thank Daniel for flagging this new statute to us.
To download a copy of the law, please use this link: A03386
To visit Daniel's website, please use this link: New York Divorce and Family Law Blog