Terminate a Lease Early -- "this lease is very one sided, pro landlord"

[vbfs]

My question involves landlord-tenant law in the State of: New York

Hi
As a landlord, I just signed a year lease with a tenant where the start date is still in the future. I am currently occupying the rental residence. I have since found out that that the house I was going to move into will not be available. Is it possible for me to break the lease prior to it beginning?

The lease states it is for a term of year and will renew automatically unless terminated in writing. In another clause, it states that "All parties agree that termination of this Agreement prior to the termination date will constitute breach of the tenancy and all Securioty Deposits and one month's rent shall be forfeited to the Landlord as liquidated damages plus you will be charged the cost of restoring the property to rental condition plus advertising and rent loss incurred until the new resident moves in. Your liability for rent loss is limited to thirty (30) days after restoration is complete."

It does not state anything for when the landlord terminates early though. I believe that a lease cannot be terminated early unilaterally, however, this lease is very one sided, pro landlord. I am wondering why it doesn't provide for landlord terminating early?

John

[AFFA]

I wish to inform you that in case of early termination of agreement the party causing breach will pay for the loss of party not at fault. In this regard if house is not available then landlord has breached agreement and you may claim compensation for your loss. However if landlord is ready to provide you premises and you cause breach of agreement then you can be held liable for landlords losses. In this the lease agreement provision having details of the amount of compensation for early termination is invalid because it appears to be penalty in nature and not liquidated damages. In breach of agreement only actual losses may be claimed.

AFF

[Friend In Court]

Leases are for a precise, exact term and conditions. Neither party can unilaterally breach a lease without expecting a claim for damages. As to some of the provisions, I concur that they are going to be difficult to enforce for they go against the body of law. If one terminates a lease, for example, and the landlord rents to another immediately, he cannot charge the exiting tenant for the same period of time.

There are several very active tenants rights groups in New York which I would present the lease and your situation to for you will get up to date advice and tactics to deal with this avaricious landlord.