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Why don't you avoid the issue and sublet for the remainder of your lease?

If subletting isn't allowed, you can always just straight up talk with your landlord/rental company.
There is a good chance that with THIS much notice that they should be able to work with you on it, especially if it means you are willing to be available for showings of your place!

We even went as far as to advertise for new tenants when we had to break a lease... volunteering to go that extra mile mends a lot of fences!

What your landlord wants is to not miss rent. If you leave early, you are liable for the rent and if you want a good reference from him, then you will want to make sure you pay that rent. There may be sublease conditions on your lease, so you have to read it to see what you have the right to do. If I was in your position, I would simply be honest with the landlord and ask him/her what he/she would like you to do.

I have broken a lease before (subletting wasn't an option), and have had no problem getting apartments since then. I think it depends on the circumstances of why you broke the lease, and also have you done it more than once?

I've moved out of an apartment early in Manhattan three times - each time I just put the apartment up on Craigslist and a new tenant was in place before I left. It's easier than subletting (which most landlords don't want to do) and you are no longer liable for the remaining lease (as opposed to subletting).

Remember, if you leave early it doesn't release you from your obligations. You still have to pay the rent remaining on the lease until the landlord gets a new tenant. Talk to your landlord now because if you are paying below market they are probably happy to see you go.

We needed to break our lease early in Colorado and we talked to the landlord -- we advertised ourselves for a new tenant and as soon as one was found (within a week) we agreed to break our lease the day before the new tenants' lease would begin. It is a very reasonable solution to a common problem. Seriously -- just talk to them and have a plan ready to present so you don't sound like you're flaking out.

Talk to the landlord. Talking to someone face-to-face, from the heart, goes a long way. As long as he's not loosing money, it shouldn't be a problem.

Of course, you should get everything in writing.

If you decide to break your lease first you should know that you would not exactly "lose" your security deposit. You would, however, be responsible for paying for the months rent that were still apart of you lease. Some landlords will deduct this amount (with your permission, that is still your money) from the initial security deposit and if there is still a balance they will request it from you; if there is money left over you should receive the difference. If the landlord is able to find a new tenant to take over the apartment when you leave then you should only required you to pay for the months that the apartment is empty. Some landlords (if they are decent people) will even allow you to help find someone to take over the remainder of the lease so that you may end up not owing anything (as long as there is not break from when you are paying and rent and the new tenant is paying rent).
As long as the process is handled smoothly and the landlord either continues to recieve rent from you or is able to have a new tenant in the apartment right away i don't see why it should reflect poorly on you as far as a reference is concerned. Just make sure you are up front with your landlord and offer to be as helpful as possible in regards to finding a new tenant.
This is of course if your landlord is not a total douche and for some reason considers it a personal attack that you will no longer be able to live in there apartment (I've been there). Be aware that you have a rights as a renter and you cannot necessarily be penalized for breaking your lease. Like, for instance, being charged ridiculous cleaning or painting fees (Been there as well). Very important to do you research.

As a landlord myself, I agree. Just being upfront and honest with your landlord is the way to go. Let them know your situtation. Also, generally rents go up in summer- you might be doing your landlord a favor by allowing him or her to rent it out at a higher rent then what you are paying by leaving in August.

Landlords LOVE it when you break your lease because it gives them the opportunity to do minor renovations and jack up the rent.

In fact, if you give them the option of subletting and breaking the lease 99.9% will prefer you give up the apartment.

That depends on where you live, Kit. In some areas (like college towns) apartments sit open for months until the big rush of renters come to town (late summer). I'm on friendly terms with my landlady and she'd be SCREWED if we broke our lease. As cool as the apartment is, it would sit empty until the next school year started.

Breaking your lease could go either way... it depends on your landlord.

Not all landlords will LOVE when you break your lease so they can make updates and jack up the rent - if I were to do that to mine, a young family trying to save to buy a home - I know it would be a big deal for them.

So I agree with the long line of advocates for being upfront and talking to them now. It gives them time to prepare, it gives you time to find a subletter (if that is what the landlord would like), and it will give you a GREAT opportunity to make a personal impression on your landlord. Nothing like getting a glowing review for breaking you lease!

Kit is right. You must trust me when I tell you that if you're in a rent controlled apartment in Manhattan, if you break your lease, your landlord will either kiss you square on the lips, or make some blustery harumph in front of your face but SECRETLY do a big old Snoopy happy-dance.

Because if you re-new, there is some kind of legal percentage they can up the rent; but there is a BIGGER percentage that they can up the rent if you vacate. And for you to vacate in less than a rent, means that they'll have had TWO of those uppages in less than a year, and every single rent they ever get from thence forth will be based on this newer rate!

I must also say that it really depends on whether your landlord is a sweet little person who owns a 2-family house and is renting that space out now that her mother died out of it, or whether you're in a building that's managed by a conglomerate, how they'll re-act and act, and stuff.

If it's a sweet little individual, they'll probably be really grateful; if they're not, they may not necessarily accept that tenant that you found on Craigslist, because they may have a whole application process and credit check and Homeland Security background check and all that stuff. So, just keep all of that stuff in mind.

When I bought my first co-op, I did what's considered an "illegal sublet" to a friend, and he wrote me checks, and I wrote the checks to the landlord, because I still had a bunch of months left on my lease. Then he moved out and another friend moved in. That was fine until the management company discovered that his name wasn't on the lease, and then they demanded that he either move out or sign a lease, himself. So, that's when they increased his rent. And it was fine, because he could afford it, and I was actually kind of happy not to be responsible for it anymore. There are sublets, where the landlord actually signs on with the whole thing, but I don't know how those work.

In manhattan it is pretty safe to say that landlords don't mind you breaking your lease. I gave mine 2 weeks notice with 4 months left on my lease and they let me go AND gave me my security deposit back. Just ask.

It's New York. This happens all the time. There is a clause in my lease that I have to allow it to be shown for four months prior to the end.

It all depends on how you handle yourself. Renting is a business. If you are honest, give your landlord notice about your intentions, and ask if s/he will still grand you a positive reference in light of your tennancy, you'll be in good shape. Just be forthright.

Because you're assigning the remainder of your lease rather than a portion of it, it is called an assignment and not a sublease. Unless there is an express clause in your lease stating no assignment allowed, you should be able to assign the remainder of your lease to another person with your landlord's approval.

If your landlord UNreasonably withholds consent, your option is to request release from your lease upon 30days notice.

If your land reasonably withholds consent, you are stuck with the lease.

More here: http://www.dhcr.state.ny.us/ora/pubs/html/orafac7.htm

Good luck!

@ Kit

I'm currently renting and trying to find a subleaser long distance. I've referred a number of people to look at my apartment, and the landlord seems to be bad on follow-through.

She has stated that she is okay with a subleaser, but I can't help my impression that she doesn't want to rent the place to a subleaser immediately, so that she can perform repairs. I feel like I'm being robbed a bit. :(

Hi, this is A [Alicia] the question-asker in this case. Thanks for so many of you who replied. You've really set my mind at ease and I'm sure now that I can move as early as I need to so long as I talk to the landlord and find a new tenant or do whatever we agree.
Should I talk to my management company before I renew my lease for 2009, or should I leave it fairly last minute, such as bringing it up June 2009, a few months before I plan to go?
I don't want them to start getting antsy and 'well you're leaving so we don't care about you anymore' on me... also they probably won't be able to jack up the rent too much for the next tenants. It's not stabilized and I only just moved in this year. However I've made some nice improvements (mainly paint) so it might be worth more to them in the future.

I would let it renew as normal, and then talk to them 2-3 months in (provided that still gives more than 2-3 months notice).

On the other hand if you have a good working relationship with them could you ask at the time of lease renewal for a 6 month, or 9 month lease instead of a 12 month one? That would take care of all your issues of them replacing you, in fact I almost think that is better. Its puts the onus on them to find a new tenant at the end and makes it a bonus that you are resigning for 6 months or however long right now... good luck!

I agree with most others... Talking is definitely the way to go. If you speak with the landlord and explain whats going on the two of you will figure something out. Unless you do something horrible or don't pay rent then there should be no reason for him to give you a bad reference.

Sorry, I just noticed your post. I agree with Claire's answer though. Sounds spot on.

I doubt my management company would do a lease less than a 12 month. I would need it to be an 8 month lease, as it were... but perhaps I can talk to them. I don't have a relationship with them at all.

I've broken 3-4 leases in a row (unexpected moves) I've never had a problem getting a new place and have always gotten nice references from previous landlords and leasing companies.

I'm a landlord in NYC (I rent out my former apartment, which I own), and I'm fine with people leaving early as long as they give me plenty of notice.

Here's what NOT to do: One tenant informed me that she was breaking her lease the day after I got home from the hospital with a new baby. I was in no position to go to NYC to inspect the apartment, show it, do all the paperwork for a new tenant, etc. The tenant was miffed because she was "practically living with her boyfriend anyway," so the apartment was a waste of money to her. Oh, and she decided she would withhold her last month's rent to reimburse herself for the security deposit (clearly knowing that legal fees to get her to pay up would cost more than the amount of the remaining rent). The apartment sat empty four months before I could re-rent it. With a little notice, it would have been fine. But this person is never getting a positive referral from me.

Take-away message: Landlords know that people move. That's fine. But don't be a jerk.

I'm having such a hard time with a similar problem. I'm trying to move out of a 2 br to a 3 br (trying to pay cheaper rent/live with more people/other personal issues). I've been advertising my 2 br on craigslist since March and although i've had people come in and out no serious takers. Now i was looking to move out by the end of july and have someone take over the lease starting august 1st. In the past couple weeks i've been listing my apartment with every broker in NY but nothing has come about. Even just started an exclusive listing with a broker. My other problem is i'm in Miami for the summer so I'm going up to NY on sunday for 5 days to start looking for new apartments (3 br). So if i don't rent this apt before august 1st i'll be paying first last and security on a new place one month rent for august for the old one.

So i wondered if it would cost me more to break the lease then to stay signed on to two apartment leases. any body have any advice?