roofy
Renting · New York City

How much will it cost to break my NYC lease?

Estimate best, expected and worst-case costs of leaving a New York lease early, including legal early-exit rights for seniors, survivors and servicemembers.

Updated October 12, 2026 · fact-checked against official sources

Expected cost to break the lease
$2,954
range $0 to $22,400 depending on how fast the unit re-rents
Rent while the unit sits empty$2,954
Possible rent shortfall claim$0
Expected cost$2,954
Expected cost left after deposit is applied$0

Under NY RPL §227-e your landlord must make reasonable, good-faith efforts to re-rent, and a lease clause waiving that duty is void. Unpaid rent can be taken from your deposit, but only with an itemized statement within 14 days of move-out (GOL §7-108). Estimates, not legal advice.

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.

$3,200 rent, 7 months left
ScenarioHow it’s figuredCost
Best caseRe-rented immediately$0
Expected4 ÷ 4.33 months × $3,200$2,954
Worst case7 × $3,200$22,400
Age 62+ moving to senior housing30 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. 1

    Read your lease

  2. 2

    Give written notice early

  3. 3

    Help find a replacement

  4. 4

    Consider a sublet

  5. 5

    Get any deal in writing

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.

Common questions

Does my landlord have to re-rent my apartment if I leave early?

Yes. New York Real Property Law §227-e requires a landlord to make reasonable, good-faith efforts to re-rent at fair market value or your lease rent, whichever is lower. A new tenant’s lease ends yours, and any lease clause waiving this duty is void.

Can I end my lease early if I am 62 or older?

Yes, if you are 62+ (or will be during the lease) or have a disability and are moving to an adult care facility, residential health care facility, subsidized low-income housing or senior/disability housing, or in with family because a physician certifies you can no longer live independently. Under RPL §227-a the lease ends no earlier than 30 days after the next rent due date after your notice is delivered.

Can a domestic violence survivor break a lease in New York?

Yes. Under RPL §227-c you give written notice with a termination date at least 30 days after delivery, stating that you or a household member experienced domestic violence and cannot safely stay, and provide documentation within 25 days. You owe rent only pro rata to the termination date, and the landlord cannot keep your deposit because you used this law.

Can my landlord charge an early termination fee if I am deployed?

No. Under the Servicemembers Civil Relief Act (50 U.S.C. §3955), a qualifying lease with monthly rent ends 30 days after the next rent due date following your notice and orders, and the landlord may not impose an early termination charge.

Can I sublet instead of breaking my lease?

In a building 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. Rent-stabilized tenants have extra limits.

Fact-checked October 12, 2026

Re-verified 2026-10-12 on statute text: RPL §227-e (lower of FMV or lease rent, new lease terminates old, waivers void); §227-a (62+ or disability, ends no earlier than 30 days after next rent due date, mail deemed delivered 5 days later, physician certification plus facility contract or notarized family statement); §227-c (termination date at least 30 days after delivery, mail +5 days, documentation within 25 days, pro rata rent, deposit not withheld for using the law); 50 U.S.C. §3955 (30 days after next rent due date, no early termination charge, 90+ day deployment); RPL §226-b (4+ units, consent not unreasonably withheld, tenant stays liable); GOL §7-108 (14-day itemized statement). AG guide confirms release when new tenant pays equal or higher rent. Worked example recomputed ($3,200, 4 weeks = $2,954; 30 days = $3,156).

Sources

  1. NY Real Property Law §227-e: Duty to mitigate damages · New York State Senate (accessed October 12, 2026)
  2. NY Real Property Law §227-a: Termination of lease by senior citizens or disabled persons · New York State Senate (accessed October 12, 2026)
  3. NY Real Property Law §227-c: Termination of lease by victims of domestic violence · New York State Senate (accessed October 12, 2026)
  4. 50 U.S.C. §3955: Termination of residential or motor vehicle leases · Legal Information Institute, Cornell Law School (accessed October 12, 2026)
  5. NY Real Property Law §226-b: Right to sublease or assign · New York State Senate (accessed October 12, 2026)
  6. NY General Obligations Law §7-108: Rental security deposits · New York State Senate (accessed October 12, 2026)
  7. Residential Tenants’ Rights Guide · New York State Office of the Attorney General (accessed October 12, 2026)

General information, not legal, tax or financial advice. Rules change; confirm with the agency or a professional before you act.