Q

I live in a rent-regulated apartment in Brooklyn, which I rent on a yearly basis. I plan to vacate my apartment one month past the expiration of the lease because I am moving out of state. My landlord tells me to sign a lease for a whole year and to sign a letter saying I am responsible for rent if he is unable to replace me with another tenant. What should I do? 

A

“The tenant should not sign any renewal lease for a term of one year,” said David Ng, a Manhattan lawyer who represents tenants. “If he does, he would liable for the balance of the 11 months if he vacates after the first month.”

Mr. Ng said that at worst if the letter writer is a rent-stabilized tenant and if he failed to sign a renewal lease (rent-controlled tenants typically do not have rental leases), the landlord might commence proceedings to evict him from the apartment based upon expiration of the last lease.

But as a practical matter, by the time the proceeding is brought, the tenant is likely to be out of the apartment. “Even if he is not out, I know of no court that would not allow him to stay until the end of that first month,” Mr. Ng said.

The only possible liability that the tenant may face is a higher rent for one month and legal fees to cover the costs of the landlord’s bringing a proceeding.

“In most instances, a landlord’s attorney would not recommend that a landlord bring a proceeding to evict a tenant who would be moving in a month’s time,” Mr. Ng said.