Posted by Anna on February 29, 2000 at 23:51:01:
In Reply to: Will subletting nullify my lease renewal? posted by Tami on February 29, 2000 at 11:03:50:
: I live in a rent-stabilized apartment. My lease ends June 30, and I just sent in a one-year renewal notice. There's a chance that I'll be offered a job in another state; if I take it, I may need to relocate before my current lease ends. If that happens and I ask my landlord for permission to sublet, will that nullify the renewal?
You have the right to sublet for any two of four years, it's part of the rest stabilization code, RSC §2525. Obviously, this often extends into lease renewal periods since a rent stab lease cannot exceed two years! The landlord can a sublet charge of 10% (or is it 5%?), not the vacancy rate of 18-20%.
To sublet means you will return, or plan to. Your landlord cannot unreassonably withhold permission. What is reasonable? Your subtenant does not pass a credit check, he challenges your intent to return, like that...
To assign means you do not plan to return. With only a couple of exceptions (coops, NYCHA, etc) all tenants can assign: if the landlord refuses the new tenant, he releases you from the lease. RPL 226-b
You MUST follows the procedures carefully. Read more about this on TenantNet Home, NY tenants Info.
Or start here: http://tenant.net/Rights/tenguide.html . . from the attorney general or click below: http://tenant.net/Tengroup/Metcounc/Mar96/sublet.html
Also: use the search feature in this forum: 'sublet' 'assign' 'break lease'
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