breaking lease ny

my girlfriend needs to get out of her lease simply because she just can't afford her apartment anymore. she has seven months left on it. is there anything she can do to get out it legally? what are her options?

She has a few options. First, she should discuss this calmly with the LL. Explain that she cannot afford the unit anymore and would like to move out to avoid running up a bill with the LL and costing him money to evict her. Who knows, he may allow her out penalty free, since she is being honest. More likely, he may allow her out with a termination penalty (usually equal to one or two month's of rent). He may allow her to find a new tenant that meets his criteria to sign a new lease with him, or to take over (sublet) under her lease. She should understand the consequences and procedures of each.

If he allows her out of the lease, with or without a penalty, she should get a statement from him saying she has no further obligation under the lease. If a termination penalty is due, she will have to pay this before she is released from further obligations.

If he allows her to find a new tenant, she may have to do the advertising and showing of the unit for him. She should ask him for his applications and his criteria for an acceptable tenant so she will know if she is finding people that could be approved. (She still has to show and accept appliactions from everyone so as not to discriminate, but she will know if they might be qualified.) She should gather apppliactions and turn them over to him for screening. If he finds an acceptable tenant in the bunch, then she has to think about how he will let this person take the unit.

If he has them sign a new lease, great! She's off the hook. She may have to pay the termination fee, but she will have no further obligations under the old lease since it has been replaced by a new one.

If he allows them to sublet under her lease, she is not done with her obligations yet. She needs to have the LL inspect the unit before the sublease so that she will not be charged for damages that the sublettor does. If the sublettor fails to pay, she is still responsible until the end of her lease period. Basically, the sublettor is responsible to her, and she to the LL. She is essential their LL. Depending on how the LL wants to do the subletting, she may have to sign the lease with them and collect their deposit. They may pay the rent to her and she pay the LL. Or they may deal with the LL directly. Either way, if subletting, she is still responsible. So she should ask to have them sign a new lease with the LL directly if at all possible.