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Posted by Anna on March 01, 2000 at 12:25:46:

In Reply to: Breaking a lease... posted by Sathya Gosselin on February 28, 2000 at 15:24:50:

Yes, you can break your lease, but you must do it as prescribed by law, I suggest that, after reading about your basic rights on TenantNet Home, you get help from a Tenant Clinic or lawyer: try calling Brooklyn Legal Services for an appointment or a referral.

Mark Smith wrote:

You can ask your landlord for his reasonable consent to sublet your apartment or
assign your lease only if the building has four or more units [Real Property Law
226-b].

This is not correct.

RPL 226-b 1. clearly states that you can assign your lease (permanently leave the apt) or be released from it ('break the lease'). there is no mention of number of units. (the exceptions are in later sections).

RPL 226b-b 2(a) states that you cannot sublet your apt (someone else lives there for a while, you return to it to live) without your landlord's consent unless your lease says you can if the building has four or less units in it..

http://www.tenant.net/Other_Laws/RPL/rpl07.txt

Sec. 226-b. Right to sublease or assign.

1. Unless a greater right to assign is conferred by the lease,
a tenant renting a residence may not assign his lease
without the written consent of the owner, which consent may
be unconditionally withheld without cause provided that the
owner shall release the tenant from the lease upon request
of the tenant upon thirty days notice if the owner
unreasonably withholds consent which release shall be the
sole remedy of the tenant. If the owner reasonably withholds
consent, there shall be no assignment and the tenant shall
not be released from the lease.

2. (a) A tenant renting a residence pursuant to an
existing lease in a dwelling having four or more
residential units shall have the right to sublease his
premises subject to the written consent of the landlord
in advance of the subletting. Such consent shall not be
unreasonably withheld.

Follow Ups:

• Re: Breaking a lease... Mark Smith 03/01/00 (0)

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Comments:
: Yes, you can break your lease, but you must do it as prescribed by law,  I suggest that, after reading about your basic rights on TenantNet Home, you get help from a Tenant Clinic or lawyer: try calling Brooklyn Legal Services for an appointment or a referral.

: Mark Smith wrote:

: You can ask your landlord for his reasonable consent to sublet your apartment or
:     assign your lease only if the building has four or more units [Real Property Law
:     226-b].

: This is not correct.

: RPL 226-b 1. clearly states that you can assign your lease (permanently leave the apt) or be released from it ('break the lease'). there is no mention of number of units. (the exceptions are in later sections).

: RPL 226b-b 2(a) states that you cannot sublet your apt (someone else lives there for a while, you return to it to live) without your landlord's consent unless your lease says you can if the building has four or less units in it..

: 
: http://www.tenant.net/Other_Laws/RPL/rpl07.txt

: Sec. 226-b.    Right to sublease or assign.

: 1.   Unless a greater right to assign is conferred by the lease,
:      a tenant renting a residence may not assign his lease
:      without the written consent of the owner, which consent may
:      be unconditionally withheld without cause provided that the
:      owner shall release the tenant from the lease upon request
:      of the tenant upon thirty days notice if the owner
:      unreasonably withholds consent which release shall be the
:      sole remedy of the tenant. If the owner reasonably withholds
:      consent, there shall be no assignment and the tenant shall
:      not be released from the lease.

: 2.   (a)  A tenant renting a residence pursuant to an
:           existing lease in a dwelling having four or more
:           residential units shall have the right to sublease his
:           premises subject to the written consent of the landlord
:           in advance of the subletting. Such consent shall not be
:           unreasonably withheld.


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