breaking lease in NY

[TheseAreTheDays]

We live in Saratoga County, NY and our lease ends June 1, 2001. We're moving and need to break the lease, but there doesn't seem to be any provisions in our lease specific to breaking the lease.

The lease does state: "Tenant is to give Landlord 30 days notice upon vacates the apartment. Failure to do so, will result in loss of his security. Lanlord may at this time be allow to show the apartment to new tenants." There are also a few other clauses such as: "Tenants are to notify Landlord when electric power is being turn off before moving out." (yes these are direct quotes from our lease)

So, I know we have to give 30 days notice and allow the landlord to show the apartment (actually its a house). What exactly do we need to state in our 30 days notice? Should we send our notice certified return receipt? Must it be sent 30 days prior or received 30 days prior? Also, must the landlord furnish notice before coming to show the house? If so, how much notice? Do we have the right to be home when the house is shown? May the landlord show the house at any time of the day or day of the week?

And what about the utilites? Can we go ahead and have them shut off when we move out? If so and the landlord fails to turn them back on in their name who's responsible for any damage such as pipes feezing, etc.?

Also, are there laws protecting either us or our landlord that we need to know about and take into account even thought they aren't stated in our lease? For instance, may the landlord require us to pay a fee for breaking the lease? Or are we responsible for rent until the house is re-rented? Anything else we need to know about?

Thanks in advance for any advice pertaining to this matter.

 

[HomeGuru]

Dear TheseAretheDays;
L has more remedies than you do in this case. Read the applicable State L/T laws.

Signed,
ThoseWereTheDays.

 

[TheseAreTheDays]

Would you point me in the right direction? Where can I find this information? I did look around, but was unable to locate exactly what I need to know.

Thanks.

 

[djdj]

in NY the 30 days starts when you normally pay rent, so if you gave notice today you must state you will be out by Feb 28Th. I would pay the $3.25 and send it certified return reciept then you have a record.

Also the landlord has a right to show the apartment duirng the next month becuase he has a right NOT to lose even ONE DAY'S rent!

And it is in your best interest, to do this because if your new landlord wants a reference, your present landlord can give it.

The idea of the Utilities being turned off is reasonable, what if you are all moved out by the 15th of the month? That is why being nice and reasonable and leaving them on until either the landlord changes it, or a new tenant moves in...after all what can a few days cost ya?

Dont forget to take lots of pictures when you do a move out check list with the landlord so that there is no problem getting back your security...He will be intimidated by you snapping pictures...no kidding

There should not be any penalites, and you should not be liable for the rest of the lease, if you comply with everything, you are helping the LL re rent the place as easily as possible, in exchange for no penalites. so yes the landlord should call ahead of time, but unless he is really intrusive, consider it a necessary evil to get your money back.

Also he cannot raise the rent a lot then claim no one will rent it, then try and hold you to the rest of the lease, that is Illegal in NY state.