Breaking a Lease Is Hard to Do YOU loved your apartment when you first moved in. But now your girlfriend has joined you, and the "charming" space the ad promised has started to feel intolerably cramped. Or the street noise, once a minor distraction, has become an infuriating obsession. Or you've landed your dream job - in Los Angeles. In any event, it's time to move. But there's a catch: Your lease doesn't expire for a couple of months. By signing a lease, you commit yourself to financial obligations not too far removed from a car loan or a home mortgage. So if you are determined to move and need to break your lease, first realize that this is no minor issue. "For some reason, many people think that a lease is different than any other contract that you sign," said Robert J. Klehammer, the vice president of the rental division at Cooper Square, a large property management company in New York. That is not correct, he said, and those who break a lease should expect to shell out some money, as they could wind up paying rent for the remaining months of the contract. Guarantors, if any, are often responsible for helping to cover the costs. But there are ways to avoid or reduce your losses. The first step should be to tell your landlord of your intentions, and to try to reach an agreement. Do this as soon as possible, since your goal is to minimize the time that the apartment will be empty. Unlike some other states, New York places the burden of re-renting the apartment upon the tenant. Under state law, said Tim Collins, a longtime tenant lawyer in New York, the landlord is under no obligation to search for a replacement. If your apartment is rent-stabilized, the owner may be amenable to your leaving. He or she could potentially renovate the unit and then rent it at a higher price or even at market rate, depending upon the current rent and the scope of the work performed. But for those who are paying market rate, the landlord has less incentive to help find a new tenant. Mr. Klehammer of Cooper Square says that having a good relationship with the landlord goes a long way. "Obviously any owner will be more amenable to working with someone who's been a good tenant and paid on time and didn't have noise issues, for example," Mr. Klehammer said. If the owner is not willing to break a lease outright, the next best option may be what is known as assigning the lease - finding someone to assume the rent for the remaining time. Assigning is different from subletting, because with sublets, the original tenant is expected to return to finish the lease. But assigning a lease comes with its own complications, Mr. Collins said. For example, the owner generally has the right to reject a proposed assignee, and the tenant's only legal recourse at that point is to prove to a housing court judge that the rejection is unreasonable. Landlords can reject an assignee for the same reasons that they can reject a prospective tenant, like poor credit history or insufficient income. Mr. Collins says assigning a lease is not always the most practical way to break a lease, "because it invites litigation on what is reasonable." Regardless of how a tenant gets out of a lease, though, it is essential to document the agreement, said Louise Seeley, the executive director of Housing Court Answers, a group that helps New Yorkers navigate the city's housing courts. "Get it in writing that they're letting you out, when you're turning over the keys, everything," Ms. Seeley said. There are some exceptions to the general rules for breaking leases. Victims of domestic violence, for example, can seek a court order to terminate a lease with 10 days" notice if they can show that a substantial risk remains for them or their children. Renters about to enter active duty in the military, in some cases, also have the ability to terminate a lease. But in general, Mr. Collins said, breaking a lease is "a very serious thing," and it is important to remember that real legal responsibilities come with a lease. The failure to reach a deal with the landlord or to pay for the duration of the lease could land a tenant in small claims court with a marred credit history, or in housing court and on a tenant blacklist. In most cases, the landlord will be willing to work something out - especially when the time and headache of pursuing legal action outweigh the possible payout. "Flexibility is the key," Mr. Klehammer said, "and don't expect that it's just your right to walk away."