Breaking a Lease in New York
New York rules on breaking a lease for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. N.Y. Real Prop. Law § 227-c
The rules in New York
| Ending a lease: domestic violence | A tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. The tenant gives written notice to the landlord or agent, and to any co-tenants other than the abuser. The notice must state that the tenant or household member experienced domestic violence and cannot safely remain, and give a termination date at least 30 days after delivery. Mailed notice counts as delivered 5 days after mailing. Within 25 days of the notice, the tenant provides documentation: an order of protection, a police record or report, a health care record, or a sworn or notarized verification from a qualified third party (such as police, court staff, attorney, doctor, social worker, therapist, DV agency staff, or clergy). Rent is owed pro rata only up to the termination date. Prepaid rent is refunded within 10 days. The landlord may not withhold the deposit because of the early termination. The statute includes optional sample notice and third-party verification forms, which the Unified Court System must post. Rent owed before the tenant vacated and gave notice remains owed. If the landlord is the abuser, an authorized person may deliver the notice. Source: N.Y. Real Prop. Law § 227-c |
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| Ending a lease: military, medical, death | Seniors (62+) and people with disabilities: a tenant may end the lease if a physician certifies the tenant can no longer live independently and the tenant is moving in with family, or if the tenant is admitted to an adult care facility, residential health care facility, or subsidized or senior housing. The notice must include the physician's certification or admission documents, plus a notarized family-member statement when moving in with family. Termination takes effect no earlier than 30 days after the next rent due date. Military: a tenant who enters military service after signing the lease may end it by written notice delivered or mailed. For monthly-rent leases, termination is effective 30 days after the next rent due date. Tenant death: the estate may ask the landlord to consent to assignment or sublet. If the landlord terminates or unreasonably refuses, the estate is released from liability as of the end of that month. Military Law § 310: https://www.nysenate.gov/legislation/laws/MIL/310. RPL § 236: https://www.nysenate.gov/legislation/laws/RPP/236 (requests by registered or certified mail; not applicable to co-op proprietary leases). Holding a tenant's belongings to force payment of post-termination rent is a misdemeanor under §§ 227-a(3) and 310(3). |
Related questions
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
New York vs. neighboring states
| State | Ending a lease: domestic violence | Ending a lease: military, medical, death |
|---|---|---|
| New York | A tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. The tenant gives written notice to the landlord or agent, and to any co-tenants other than the abuser. The notice must state that the tenant or household member experienced domestic violence and cannot safely remain, and give a termination date at least 30 days after delivery. Mailed notice counts as delivered 5 days after mailing. Within 25 days of the notice, the tenant provides documentation: an order of protection, a police record or report, a health care record, or a sworn or notarized verification from a qualified third party (such as police, court staff, attorney, doctor, social worker, therapist, DV agency staff, or clergy). Rent is owed pro rata only up to the termination date. Prepaid rent is refunded within 10 days. The landlord may not withhold the deposit because of the early termination. N.Y. Real Prop. Law § 227-c | Seniors (62+) and people with disabilities: a tenant may end the lease if a physician certifies the tenant can no longer live independently and the tenant is moving in with family, or if the tenant is admitted to an adult care facility, residential health care facility, or subsidized or senior housing. The notice must include the physician's certification or admission documents, plus a notarized family-member statement when moving in with family. Termination takes effect no earlier than 30 days after the next rent due date. Military: a tenant who enters military service after signing the lease may end it by written notice delivered or mailed. For monthly-rent leases, termination is effective 30 days after the next rent due date. Tenant death: the estate may ask the landlord to consent to assignment or sublet. If the landlord terminates or unreasonably refuses, the estate is released from liability as of the end of that month. N.Y. Real Prop. Law § 227-a; N.Y. Military Law § 310; N.Y. Real Prop. Law § 236 |
| Connecticut | A tenant who is a victim of family violence (leases entered into or renewed on or after Jan. 1, 2011), or of sexual assault, including a parent or guardian with physical custody of a dependent victim (leases on or after Jan. 1, 2014), may end the lease without penalty or liability for the rest of the term. The tenant must reasonably believe it is necessary to leave because of fear of imminent harm to the tenant or a dependent, and must give the landlord at least 30 days' written notice. The notice must include a statement under oath or affirmation that the tenant or dependent is a victim, the intended termination date, and that the tenant has moved out or will move out by that date (anything left behind is treated as abandoned). It must also include either (a) a police or court record of the act dated no more than 90 days before the notice, or (b) a signed statement from an employee of the Judicial Branch Office of Victim Services or the Office of the Victim Advocate dated no more than 30 days before the notice. The tenant still owes rent arrears and damages incurred before termination, and co-tenants stay liable. Conn. Gen. Stat. § 47a-11e | Chapter 830 has no state-law early termination right for military service (beyond the federal SCRA), medical or disability reasons, or seniors moving into care. Other termination rights in the chapter: the tenant may terminate on 14 days' written notice if the landlord's material noncompliance recurs within 6 months after notice (§ 47a-12); may terminate if essential services are wilfully cut off (§ 47a-13); and may vacate and terminate if fire or casualty makes the unit unusable, giving written notice within 14 days (§ 47a-14). Tenant death: when the sole occupant dies, the landlord may follow a probate-court affidavit and inventory process to regain possession (§ 47a-11d). This is a landlord remedy, not an estate termination right. Conn. Gen. Stat. §§ 47a-11d, 47a-12, 47a-13, 47a-14 |
| Massachusetts | A tenant or co-tenant may end the lease by written notice to the owner that a household member is a victim of domestic violence, rape, sexual assault or stalking. The notice must come within 3 months of the latest act, or while the household member reasonably fears imminent serious physical harm. The tenant must move out within 3 months of the notice or the notice is void. Liability: rent ends 30 days or one full rental period after the move-out date, whichever is later. Prepaid rent after that is refunded, and the deposit statement is due within 30 days. Proof the owner may request (any one): a protective order under c. 209A or 258E; a court or law enforcement record; or written verification from a qualified third party plus the victim's statement under penalty of perjury. The owner must keep the documents confidential. Other co-tenants stay bound by the lease. G.L. c. 186, § 24 | Not verified yet |
| New Jersey | Yes. A tenant may end a residential lease early by giving the landlord (a) written notice that the tenant or the tenant's child faces an imminent threat of serious physical harm from a named person if the tenant stays, and (b) one of: a certified copy of a permanent restraining order (NJ or another jurisdiction) protecting the tenant from that person; a law enforcement record documenting the domestic violence or certifying the tenant or child is a victim; medical documentation from a health care provider; a certification from a certified Domestic Violence Specialist or the director of a designated DV agency; or documentation from a licensed social worker. The termination takes effect 30 days after the landlord receives the notice (or earlier by agreement), with rent paid pro rata to that date. Co-tenants' lease also ends, though the landlord may offer them a new lease. The landlord must have the deposit plus interest, less lawful charges and rent owed, available for return within 15 business days. The landlord may not disclose the tenant's information except as the law allows. N.J.S.A. 46:8-9.4 to 46:8-9.12 (esp. 46:8-9.6, 46:8-9.7); 46:8-21.1 | Death: a residential lease of one year or more may be ended after the death of the tenant or the tenant's spouse by written notice from the tenant, the estate's executor or administrator, or the surviving spouse (if the lease was signed jointly). Disability/senior: a lease of one year or more may be ended if (a) the tenant or spouse has a disabling illness or accident, with a treating physician's certification that they cannot work, proof of lost income, and proof that other benefits cannot cover the rent; (b) the tenant or spouse (one aged 62+) is accepted into assisted living, a nursing home, or a continuing care retirement community, with a physician's certification and proof of acceptance; (c) the tenant or spouse (one aged 62+) is accepted into low- or moderate-income housing; or (d) the unit is not accessible for a household member with a lasting disability and the landlord was asked to make it accessible at the landlord's cost but did not. In all these cases the termination takes effect on the 40th day after the landlord receives written notice, rent is due until then, and the unit must be vacated at least 5 working days before that 40th day. The death provision does not apply if the lease explicitly provides otherwise. N.J.S.A. 46:8-9.1; 46:8-9.2 |
| Pennsylvania | Not verified yet | Death of a sole tenant: the executor or administrator may terminate the residential lease on 14 days' written notice, effective the later of the last day of the second calendar month after the month of death or surrender of the unit with all belongings removed; the estate owes rent and debts through termination but no penalty for early termination (applies to leases entered or extended after the 2016 amendment). No state medical/disability or senior-care termination right found in the Act. 68 P.S. 250.514 (Landlord and Tenant Act s. 514, added 2016, P.L.968, No.116) |
| Vermont | Yes. A protected tenant may terminate without penalty if they reasonably believe they must leave because of fear of imminent harm to a protected tenant from abuse, sexual assault or stalking, or because a protected tenant was sexually assaulted on the premises in the prior 6 months. At least 30 days before the termination date the tenant must give the landlord written notice plus documentation from a court, law enforcement or government agency, an abuse/sexual assault/stalking assistance program, a professional who provided help, or a self-certification signed under penalty of perjury on a standard form adopted by HUD, the Vermont Department for Children and Families, or a victim-services nonprofit. The notice may be revoked if the landlord has not re-rented. 9 V.S.A. § 4472 | Not verified yet |
City rules that may add to state law
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Breaking a Lease in New York FAQ
Can a domestic violence survivor break a lease in New York?
A tenant may end the lease if the tenant or a household member is a domestic violence victim (as defined in Social Services Law § 459-a) and reasonably fears staying. The tenant gives written notice to the landlord or agent, and to any co-tenants other than the abuser. The notice must state that the tenant or household member experienced domestic violence and cannot safely remain, and give a termination date at least 30 days after delivery. Mailed notice counts as delivered 5 days after mailing. Within 25 days of the notice, the tenant provides documentation: an order of protection, a police record or report, a health care record, or a sworn or notarized verification from a qualified third party (such as police, court staff, attorney, doctor, social worker, therapist, DV agency staff, or clergy). Rent is owed pro rata only up to the termination date. Prepaid rent is refunded within 10 days. The landlord may not withhold the deposit because of the early termination. (N.Y. Real Prop. Law § 227-c)
When can a tenant break a lease without penalty in New York?
Seniors (62+) and people with disabilities: a tenant may end the lease if a physician certifies the tenant can no longer live independently and the tenant is moving in with family, or if the tenant is admitted to an adult care facility, residential health care facility, or subsidized or senior housing. The notice must include the physician's certification or admission documents, plus a notarized family-member statement when moving in with family. Termination takes effect no earlier than 30 days after the next rent due date. Military: a tenant who enters military service after signing the lease may end it by written notice delivered or mailed. For monthly-rent leases, termination is effective 30 days after the next rent due date. Tenant death: the estate may ask the landlord to consent to assignment or sublet. If the landlord terminates or unreasonably refuses, the estate is released from liability as of the end of that month. (N.Y. Real Prop. Law § 227-a; N.Y. Military Law § 310; N.Y. Real Prop. Law § 236)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.