New York requires a landlord, by statute, to try to rerent an apartment when a tenant leaves early. That single rule, added in the Housing Stability and Tenant Protection Act of 2019, changes the math of breaking a lease in New York City. Combined with a strong statute for survivors of domestic violence and federal protection for servicemembers, it gives New York renters more options than most.
The stakes are high. With roughly two in three occupied homes in the city rented and a median gross rent of $1,821 a month over 2020 to 2024 (U.S. Census Bureau QuickFacts, New York City), and asking rents in many neighborhoods well above that, every month of rent you avoid owing matters.
Homzora is a housing research publisher, not a law firm. This article explains New York law in plain English and is not legal advice for your situation.
Quick answers
- Must my landlord try to rerent? Yes, in good faith, at the lower of fair market value or your lease rent (RPL § 227-e).
- Can a lease waive that duty? No; such a clause is void (RPL § 227-e).
- Domestic violence survivors: written notice with a termination date at least 30 days out, documentation within 25 days (RPL § 227-c).
The landlord’s duty to mitigate
Under Real Property Law Section 227-e, if a tenant vacates before the lease ends in violation of its terms, the landlord must, in good faith and according to its resources and abilities, take reasonable and customary actions to rent the apartment at fair market value or at the rate agreed in the lease, whichever is lower. If the landlord rents the unit at that rate, the new lease terminates the old one and offsets the damages otherwise recoverable from the departing tenant. The party seeking damages bears the burden of proof, and any lease clause exempting the landlord from this duty is void as contrary to public policy (N.Y. Real Prop. Law § 227-e).
What that means in practice
- A landlord who leaves your apartment empty and bills you for the rest of the lease is not following the statute.
- Once a new tenant signs a lease at the old rent or market rent, your lease ends.
- Any claim for unpaid rent should be limited to the period the unit reasonably sat empty despite good faith efforts, plus other provable damages.
Survivors of domestic violence: Real Property Law Section 227-c
A tenant, or a member of the tenant’s household, who is a victim of domestic violence and reasonably fears remaining in the apartment may terminate the lease (N.Y. Real Prop. Law § 227-c).
How it works
- Notice: written notice to the landlord and to any cotenants other than the abuser, stating that the tenant or a household member is a victim of domestic violence and reasonably believes they cannot safely remain. The termination date must be at least 30 days after delivery.
- Documentation: within 25 days of the notice, one of the following: an order of protection, a law enforcement record or report, a health care provider record, or a sworn or notarized statement from a qualified third party such as a counselor, attorney, medical professional, domestic violence agency worker, or clergy member.
- Rent: rent is owed pro rata through the termination date, and the tenant is not liable for rent after that date. The landlord may not withhold the security deposit because the tenant used this section.
- Confidentiality: information provided is confidential, and the landlord may not describe the termination as an early termination to prospective landlords.
- Penalties: a landlord who knowingly or intentionally violates the section may be liable for liquidated damages of up to $1,000, actual damages, costs, and attorney’s fees.
All of the above comes from Section 227-c (RPL § 227-c). If you are in danger, the National Domestic Violence Hotline is available at 800.799.7233 (National Domestic Violence Hotline).
Servicemembers
The federal Servicemembers Civil Relief Act allows servicemembers to terminate residential leases in qualifying circumstances, such as permanent change of station orders and deployments of 90 days or more (50 U.S.C. § 3955).
Rent stabilized tenants: think twice
About one million New York City apartments are rent stabilized, and the Rent Guidelines Board voted on June 25, 2026 to freeze rents on both one year and two year leases beginning between October 1, 2026 and September 30, 2027 (Brick Underground; NYC Mayor’s Office). A stabilized tenant who leaves gives up those limits. Compare carefully before breaking a stabilized lease for a move within the city.
How to leave early at the lowest cost
- Give written notice as early as possible, stating the date you will vacate.
- Ask the landlord to confirm in writing how it will market the unit and at what rent, which bears directly on Section 227-e.
- Refer qualified replacement tenants and keep a record of each referral.
- Keep the apartment show ready and cooperate with reasonable access.
- Request the pre move out inspection under the deposit law, which requires at least two weeks’ notice of your departure to trigger the landlord’s notice duty (GOL § 7-108(1-a)(d)).
- Track the relisting. Screenshot listings for your apartment and note when a new tenant moves in.
A sample early termination letter
Date: 2026. To: [landlord]. Re: Lease for [address, apartment]. I will vacate the apartment on 2026, before my lease ends on 2026. Under Real Property Law Section 227-e, I ask that you take reasonable and customary steps to rerent the apartment at fair market value or my lease rent, whichever is lower. I will make the apartment available for showings with reasonable notice and can refer qualified applicants. Please confirm in writing how the apartment will be marketed. I also request a pre move out inspection under General Obligations Law Section 7-108. My forwarding address is [address]. Sincerely, [name].
Your deposit after an early exit
The landlord must give an itemized statement and return the balance within 14 days after you vacate, or forfeit any right to retain any portion of the deposit (GOL § 7-108(1-a)(e)). Unpaid rent is an allowed deduction, but only for rent you actually owe under the mitigation rules.
Build your evidence file
Disputes with landlords are usually decided by documents, not memories. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Store copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
Before you sign your next lease
- Ask who owns the building and who manages it, and get contact details in writing.
- Read the clauses on early termination, subletting, renewal, and notice before you sign, not after a problem arises.
- Confirm the deposit amount, where it will be held, and how it will be returned.
- Walk through the unit with the landlord, note existing damage in writing, and keep a signed copy.
- Ask whether the unit is covered by any local rent rules, so you know how much the rent can change if you stay.
When is the documentation due under Section 227-c?
Within 25 days of the notice (RPL § 227-c).
What happens to my cotenant if I leave under Section 227-c?
If other tenants remain on the lease, the landlord cannot end their tenancy without their consent and must give them at least 30 days from the termination date to decide (RPL § 227-c).
Key terms
- Mitigation: the landlord’s duty to take reasonable, customary steps in good faith to rerent your apartment after you leave (RPL § 227-e).
- Fair market value: one of the two rent levels in Section 227-e; the landlord must try to rent at the lower of fair market value or your lease rent.
- Offset: when a new tenant signs at that rate, the new lease ends yours and reduces what you owe.
- Burden of proof: the party seeking damages must prove them (RPL § 227-e).
Frequently asked questions
My lease says I owe all remaining rent if I leave early. Is that enforceable?
A lease provision that exempts the landlord from the duty to mitigate is void (RPL § 227-e). The landlord must still make good faith efforts to rerent.
Does the landlord have to accept the first applicant I send?
Section 227-e requires good faith, reasonable, and customary efforts to rerent at the lower of fair market value or the lease rent (RPL § 227-e). Referring qualified applicants and documenting the referrals helps show what a reasonable effort would have produced.
How much notice do I need to give under Section 227-c?
The termination date in your notice must be at least 30 days after the notice is delivered (RPL § 227-c).
Sources
- New York Real Property Law § 227-e, New York State Senate
- New York Real Property Law § 227-c, New York State Senate
- New York General Obligations Law § 7-108
- 50 U.S.C. § 3955
- Brick Underground, Rent Guidelines Board approves freeze
- NYC Mayor’s Office, statement on the Rent Guidelines Board final vote
- U.S. Census Bureau QuickFacts, New York City
- National Domestic Violence Hotline