How the estimate works
In New York, leaving early does not automatically mean paying every remaining month. Under Real Property Law §227-e, your landlord must make reasonable, good-faith efforts to re-rent the apartment at fair market value or your lease rent, whichever is lower. Once a new tenant signs, your lease ends. So the main cost is the rent for the time the unit sits empty.
- Expected cost = monthly rent × (weeks until re-rented ÷ 4.33), capped at the months left.
- Shortfall = if the unit re-rents for less than you pay, the gap × the remaining months after it re-rents. The Attorney General’s tenant guide says you are released when the new tenant pays the same or more; a lower re-rent may lead the landlord to claim the difference.
- Worst case = every remaining month, if the unit never re-rents.
- Best case = $0, if a replacement moves in the day you leave.
Worked example
You pay $3,200 a month with seven months left, and you expect the landlord to re-rent within four weeks at the same rent.
| Scenario | How it’s figured | Cost |
|---|---|---|
| Best case | Re-rented immediately | $0 |
| Expected | 4 ÷ 4.33 months × $3,200 | $2,954 |
| Worst case | 7 × $3,200 | $22,400 |
| Age 62+ moving to senior housing | 30 days × $105.21/day | $3,156 |
If the landlord holds a $3,200 deposit, the expected cost could be covered by it, but only through an itemized statement within 14 days of move-out under General Obligations Law §7-108.
Legal early exits
Three groups can end a lease early by law. The calculator switches to these timelines when you pick one.
- Seniors and people with disabilities (RPL §227-a). Age 62+ (or turning 62 during the lease) or a disability, moving to an adult care or health care facility, subsidized low-income housing, senior or disability housing, or in with family on a physician’s certification. The lease ends no earlier than 30 days after the next rent due date after your notice is delivered.
- Domestic violence survivors (RPL §227-c). Written notice with a termination date at least 30 days after delivery; documentation within 25 days; rent owed only pro rata to that date. See ending a lease due to domestic violence.
- Servicemembers (50 U.S.C. §3955). Entering service, permanent change of station, or deployment of 90+ days. Ends 30 days after the next rent due date after notice and orders. No early termination fee.
Steps to keep the cost down
- 1
Read your lease
Look for an early termination or buyout clause. A clause that waives the landlord’s duty to re-rent is void. - 2
Give written notice early
Tell the landlord in writing when you will leave. Keep a copy and proof of delivery. - 3
Help find a replacement
Offer qualified applicants. Every week the unit re-rents sooner saves you about a week of rent. - 4
Consider a sublet
In buildings with four or more units, RPL §226-b lets you sublet with the landlord’s advance written consent, which cannot be unreasonably withheld. You stay liable under the lease. See subletting rules. - 5
Get any deal in writing
If you agree a buyout, get a signed surrender agreement that releases you from future rent.
Next steps
Read the full guide to breaking a lease in New York, figure a partial month with the prorated rent calculator, and check deductions with the security deposit calculator. This is general information, not legal advice.