Regardless of the reason, breaking a lease takes careful planning so that you don't incur any unnecessary fees or charges. If that standard is not being met, the tenant has a recourse to break the lease without penalty.Doesn't hurt to ask, but unless your lease has a lease termination clause then it is up to the landlord. Learn when and how tenants may legally break a lease in New York and how to limit liability for rent through the end of the lease term. Tenants can break a lease early in exchange for a penalty fee if the landlord includes an 'Early Termination Clause' in the lease. If the lease says the tenant cannot assign the tenant's interest in the tenancy or sublet the rental property, the landlord can seek an eviction. So you might not have to pay much additional rent if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. Plan Ahead and Start Early. Some apartments fill up quickly when the school start date is approaching, you might want to look for rentals early.