Have you had it with your landlord?  Time to move in with the significant other?  Finally decided to leave New York?  Whatever your reasons for wanting to leave your apartment before your lease expires, here are some things that you should consider before you take the plunge.

First of all, you should not just pack up and leave.  At least, that should not be the first option you choose.  This is called may be deemed an “abandonment”, and it does not work to terminate a lease.  At least, not the way you think it does.  Thankfully, under New York law, pursuant to the Housing Stability and Tenant Protection Act (“HSTPA”), landlords now have a duty to mitigate their damages upon your vacatur and must seek to re-let the apartment.  However, it is better to leave with an agreement than to leave with uncertainty.  Do you really want that?

There is another way

This is where the surrender comes in.  You can, and should negotiate your exit.  A surrender, by contrast to an abandonment, can occur when both landlord and tenant make an agreement (should always be in writing. And no, an email does not count) to terminate the lease early. 

A carefully drafted Surrender Agreement spells out each party’s duties before, during, and after the surrender takes place.  This typically includes making sure the apartment is vacant of all people and personal property, and that the tenant physically hands over all keys to the apartment to the Landlord.  The agreement should specify the exact date the moveout will take place. 

If your apartment is desirable, your landlord may want to let you out of your lease early to charge the next tenant a higher rate.  In some of those cases, but not all, you can negotiate a payout/penalty to vacate early.  You may even have leverage to get monies back.

You should also negotiate what will become of the security deposit.  You need to make sure that you have a walk-through inspection together prior to moving out, so that you have an opportunity to correct any conditions if your landlord claims damage to the apartment. 

It is also a great idea to negotiate a mutual release of liability, meaning that after the moveout, both the landlord and the tenant cannot take the other to court in connection with the apartment.  You leave all claims against each other behind.

Here at Outerbridge Law P.C., our team can help negotiate and draft your surrender agreement, so that you may move on to that next phase of your life in comfort and with the least anxiety possible.  www.outerbridgelaw.com 212-364-5593 or [email protected].