Breaking a lease with Fairfield Properties generally costs one to two months’ rent as an early termination fee, though your actual exposure depends on what your specific lease says, whether you qualify for a legal exemption, and how carefully you handle notice and documentation. Fairfield operates only in New York, so state law shapes your rights alongside the lease itself.
What Your Lease Controls
Pull out your signed lease before you call anyone. Look for a section titled “early termination,” “lease break,” or “buyout option.” Fairfield typically writes 12- or 24-month terms, and the clause you find there usually sets the whole process in motion.
Three patterns are common. Some leases include a buyout clause letting you pay a flat fee and walk away cleanly. Others require you to keep paying rent until Fairfield signs a replacement tenant. A few combine both. If your lease has no early termination provision at all, you are technically responsible for every remaining month of rent, subject to the legal limits discussed below.
The Fees You Should Expect
The early termination fee is the most predictable number. Industry-wide these fees run one to two months’ rent, and Fairfield’s leases generally fall in that range. The fee covers the gap between your departure and when a new tenant starts paying. Some Fairfield leases frame it as “liquidated damages,” meaning the amount is pre-agreed rather than calculated from actual losses.
Four other charges can stack on top:
- Continuing rent liability. Without a buyout clause, you may owe rent for every month the apartment sits empty. New York requires landlords to make reasonable efforts to re-rent, which caps how long this runs, but you still owe the gap.
- Rent concession clawbacks. If you took a move-in promotion like a free month or a reduced rate, your lease may require you to repay that discount on early exit. Watch for “abated rent” or “concession repayment” language.
- Damage charges beyond normal wear and tear, deducted from your deposit or billed separately.
- Security deposit treatment. New York sets deadlines for returning the deposit and requires an itemized list of any deductions.
Giving Proper Written Notice
Written notice is not optional. Most Fairfield leases require 30 to 60 days’ notice before your move-out date, and missing the window can trigger extra charges or push your obligation into another month. Check your lease for the exact timeline and the required delivery method.
Send notice by certified mail with return receipt requested, even if Fairfield also accepts submissions through its online portal. Certified mail creates a timestamped record that holds up if timing is ever disputed. Keep the notice, the certified mail receipt, and any email confirmations. If you file through the portal, screenshot the submission with its date.
Subletting or Assigning Instead
If the termination fee is steep, moving someone else into the apartment may cost you less. Subletting and assignment are different arrangements with different consequences.
Subletting means you find a replacement occupant but stay on the lease. If the subtenant stops paying or damages the apartment, that is still your problem. You effectively become a small-scale landlord for the remainder of the term. Most Fairfield leases require written approval before you sublet, and Fairfield can charge a processing fee to review the subtenant’s application.
Assignment transfers the lease entirely. If Fairfield agrees, you are released and the new tenant takes over your rights and obligations. This is the cleaner option when you want a complete break, but landlords are often more reluctant to approve assignments because they lose control over tenant selection. If your lease says consent “shall not be unreasonably withheld,” Fairfield can only reject an assignee for legitimate reasons such as weak credit or insufficient income. Without that language, Fairfield has broader discretion.
When You Can Terminate Without Penalty
Active-Duty Military Service
If you are an active-duty servicemember, the Servicemembers Civil Relief Act lets you terminate your lease without penalty under specific conditions, and this federal right overrides any contrary lease provision. You qualify if you entered military service after signing, or if you signed while serving and later received orders for a permanent change of station or a deployment of 90 days or more.1Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases The law also covers stop-movement orders during emergencies and provides protections for a servicemember’s spouse or dependents if the servicemember dies, or suffers a catastrophic injury or illness, during service.
To use this right, deliver written notice and a copy of your military orders to Fairfield’s leasing office. Delivery can be by hand, private carrier, certified mail with return receipt, or electronic means. For a monthly lease, termination takes effect 30 days after the next rent payment is due following your notice.1Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases Some Fairfield leases also contain a separate military clause that may offer additional flexibility beyond the federal minimum.2Military OneSource. Military Clause – Terminate Your Lease Due to Deployment or PCS
Uninhabitable Conditions
If Fairfield fails to maintain the apartment in livable condition, you may have grounds to leave under the doctrine of constructive eviction. This applies when the landlord’s failure to act, such as not repairing a broken heating system, ignoring serious mold, or allowing persistent water intrusion, makes the apartment effectively unlivable.
Process is what carries this argument. Notify Fairfield in writing about the problem, give a reasonable chance to fix it, and vacate within a reasonable time after they fail to act. Skip any of those steps and your position weakens. Walking out without a documented paper trail lets Fairfield treat it as an ordinary lease break and bill you accordingly.
Domestic Violence
New York law allows tenants who are victims of domestic violence to terminate early without penalty. If you or a household member is a victim and you reasonably fear remaining in the apartment, you can end the lease with written notice setting a termination date at least 30 days out.3New York State Senate. New York Real Property Law 227-C – Termination of Residential Lease by Victims of Domestic Violence
Within 25 days of that notice, you must supply supporting documentation. Accepted forms include a temporary or final order of protection, a police report or complaint, medical records tied to the abuse, or a signed statement from a qualified professional such as a social worker, counselor, or clergy member.3New York State Senate. New York Real Property Law 227-C – Termination of Residential Lease by Victims of Domestic Violence With valid documentation on file, Fairfield cannot penalize you or hold you liable for rent after the termination date.
The Landlord’s Duty to Mitigate
New York courts recognize that a landlord must make reasonable efforts to re-rent a vacant apartment after a tenant breaks a lease. Fairfield cannot leave the unit empty and bill you for rent through the end of the term. They have to list it, show it, and genuinely try to fill it. A quick re-rental shrinks your liability. A total failure to try weakens any claim they bring against you for ongoing rent.
Negotiating a Buyout
Even if your lease has no formal early termination clause, you can often negotiate a buyout directly with Fairfield. Landlords sometimes prefer a clean resolution over chasing a former tenant for months of unpaid rent.
Your leverage depends on how much time is left on the lease, how quickly your unit will re-rent, your payment history, and whether there is a waitlist for the building. A unit in a high-demand location during peak rental season fills fast, which means Fairfield’s actual loss from your departure is small, and that reality gives you room to negotiate the number down.
Put any agreement in writing. It should cover the fee amount, your exact move-out date, how your security deposit will be handled, and a clear statement releasing you from further rent obligations. A verbal promise from a leasing agent is not protection. If it is not signed by someone with authority, it does not bind the company.
What Happens if You Just Walk Away
Leaving without following the process creates problems that outlast the lease. Fairfield can sue for breach of contract to recover remaining rent, fees, and costs. If they do not sue right away, the balance does not disappear.
Large management companies typically route unpaid lease-break debt to a third-party collection agency after internal efforts fail. Once collections are involved, the debt usually appears on your credit report and can stay there for up to seven years. That single entry can damage your credit score and make it harder to rent your next apartment, qualify for a mortgage, or pass an employer background check. Collectors operate under the Fair Debt Collection Practices Act, which gives you the right to dispute the debt in writing within 30 days of their first notice and limits how they can contact you.4Federal Trade Commission. Fair Debt Collection Practices Act
A lease break can also show up on tenant screening reports from companies like RealPage, CoreLogic, and SafeRent, which landlords use to evaluate applications. A denial based on one of those reports comes with a right to know which company supplied it and to dispute inaccuracies.5Federal Trade Commission. Using Consumer Reports – What Landlords Need to Know If you settle outstanding charges with Fairfield, verify the resolution is reflected in both your credit file and any screening records before your next apartment search.6Consumer Advice (Federal Trade Commission). Disputing Errors on Your Tenant Background Check Report
Documentation That Protects You
Keep the signed lease and every piece of correspondence about the termination, including emails, portal messages, and dated notes from phone calls with the name of the person you spoke with. On move-out day, photograph and video every room, the floors, appliances, bathrooms, and any existing damage. If Fairfield runs a move-out inspection, attend it and get a copy of the report. Damage claims that appear later but were not flagged at inspection are much easier to challenge. Save receipts for your final rent payment, any termination fee, and the forwarding address you provide for the deposit refund.