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Re: Will subletting nullify my lease renewal?

Posted by Mark Smith on March 01, 2000 at 10:03:53:

In Reply to: Will subletting nullify my lease renewal? posted by Tami on February 29, 2000 at 11:03:50:

Anna gave you the correct answer, except that the sublet surcharge currently allowed by the Rent Guidelines Board (RGB) for October 1999 through September 2000 is 0%. However, if your apartment is fully furnished, you can charge your subtenant a 10% surcharge for the furniture.

Read RGB Apartment and Loft Order #31 at
or click on the link at the end of this message

After judicious editing, Anna wrote, in part:

You have the right to sublet for any two of four years; it's part of the rent stabilization code, RSC 2525. Obviously, this often extends into lease renewal periods, since a rent stabilized lease cannot exceed two years! The landlord can charge a sublet charge of 10% (or is it 5%?), not the vacancy rate of 18-20%.

: 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? My concern is that I'll have trouble finding a subletter for just a month or two and will be stuck for the rent, whereas I'll have no trouble finding someone if they know they can stay in the place for an additional year. I've been combing through the fine print on my original lease, rent regulation rider, etc., and I find one piece of information that seems relevant in an indirect way: Apparently, if you're subletting into a renewal period, the landlord can apply a vacancy allowance to the subletter at the point where the renewal kicks in, as if you had vacated at the end of the current lease and as if the subletter was a new tenant just moving in. This suggests that I could sublet through the end of my renewal lease, but I'm really not sure. Has anyone dealt with this problem? Thanks.

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