breaking a lease due to domestic violence

[aurette]

What is the name of your state (only U.S. law)? NY

 

[BL]

No , he can not .

He can however hold BOTH of you to the lease , until such time as you have a WRITTEN agreement to release you from the lease .

The LL can not collect money on " what ifs " .

 

[You Are Guilty]

Tell your LL about this law:

Termination of residential lease by victims of domestic violence.
1. In any lease or rental agreement covering premises occupied
for dwelling purposes, a lessee or tenant for whose benefit any order of
protection has been issued by a court of competent jurisdiction, shall
be permitted to terminate such lease or rental agreement and quit and
surrender possession of the leasehold premises, and of the land so
leased or occupied pursuant to the provisions of this section [highlight]and to be
released from any liability to pay to the lessor or owner, rent or other
payments in lieu of rent for the time subsequent to the date of
termination of such lease[/highlight] in accordance with subdivision two of this
section.
2. (a) A lessee or tenant for whose benefit any order of protection
has been issued by a court of competent jurisdiction, may, on ten days'
notice to the lessor or owner of the premises occupied by such person,
and to any co-tenants of such lessee or tenant, seek an order of the
court that issued such order of protection authorizing such lessee or
tenant to terminate such party's lease or rental agreement. Such court
shall hear any such application at any time that the order of protection
remains in effect, whether or not the action in which it was issued
remains open.
(b) The court shall issue such order only if the applicant lessee or
tenant establishes to the satisfaction of the court that:
(i) notwithstanding the existence of an order of protection there
continues to exist a substantial risk of physical or emotional harm to
such person or such person's child from the party covered by the order
of protection if the parties remain in the premises and that relocation
will substantially reduce such risk;
(ii) the lessee or tenant attempted to secure the voluntary consent of
the lessor or owner to terminate the lease or rental agreement and the
lessor or owner refused to permit termination; and
(iii) the lessee or tenant is acting in good faith.
(c) The court shall condition the granting of the order on the
following terms:
(i) All sums due under the lease or rental agreement through the
termination date of such lease or rental agreement are timely paid;
(ii) That upon termination:
(a) the premises are delivered to the lessor or owner free of all
tenants and occupants and in accordance with the terms of the lease
relating to delivery of the premises at the termination of the lease,
provided that the applicant shall not be responsible for ensuring that
the person covered by the order of protection is not present; or
(b) if there are also tenants on the lease other than the applicant
tenant and the person covered by the order of protection, the court
shall not, except upon consent of such additional tenants, terminate the
entire co-tenancy, but the court may sever the co-tenancy, in which case
the applicant tenant shall vacate by the termination date; and
(iii) That adjustments be made through to termination date for any
rent or other payments made in advance or which have accrued by the
terms of such lease or rental agreement.
(d) The order shall specify the termination date which shall be no
earlier than thirty days and no later than one hundred fifty days after
the due date of the next rental payment subsequent to the date such
order is served on the lessor or owner.
(e) The order shall be served on the lessor or owner and any
co-tenants by the court or in the manner directed by the court.
3. The lessor or owner and any co-tenants shall be afforded an
opportunity to be heard by the court and express opposition to the
issuance or terms of a termination order. If the court is not satisfied

that there has been adequate notice of the application to the lessor,
owner, or any co-tenants, it may briefly adjourn the matter or take
other steps to provide for such notice, but shall not direct that the
applicant lessee or tenant make personal service of the application, or
of a termination order, upon a co-tenant covered by the order of
protection.
4. Any agreement by a lessee or tenant of premises occupied for
dwelling purposes waiving or modifying his or her rights as set forth in
this section shall be void as contrary to public policy.

Then just be sure to follow the instructions in paragraph two.

Good luck.

 

[Cvillecpm]

Follow instructions on legalmomentum.org....these laws are changing with the "times" and you must have a RESTRAINING ORDER in most cases from a judge as well as police reports documenting the incident(s)....if you don't have these, then paying your landlord the $2400 may be your only way out.