What happens if a tenant breaks a lease in New York?
In New York, a landlord whose tenant moves out of a home in violation of the lease must, in good faith and according to the landlord’s resources and abilities, take reasonable and customary steps to rent it at fair market value or at the rent agreed in the lease, whichever is lower. Once a new tenant’s lease takes effect it ends the former tenant’s lease and reduces the damages the former tenant owes. The party seeking damages has the burden of proof, and a lease clause that exempts the landlord from this duty is void. Separately, federal law lets a servicemember end a lease early after receiving qualifying military orders. This is N.Y. Real Prop. Law § 227-e.
| What | New York |
|---|---|
| Landlord’s duty to re-rent | Required by statute |
| What it means | The landlord must make reasonable efforts to re-rent |
Source
N.Y. Real Prop. Law § 227-e
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.
Guides on this rule
- Breaking a Lease by State: What the Tenant Owes — What a tenant owes after leaving a lease early, and the 34 states whose statutes say whether the landlord must try to re-rent the home.
Compare this rule in every state
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The same question in other states
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