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Re: Breaking a lease...

Posted by Mark Smith on March 01, 2000 at 13:53:45:

In Reply to: Re: Breaking a lease... posted by Anna on March 01, 2000 at 12:25:46:

As a practical matter, it would be very difficult to sublet an apartment or assign a lease with less than four months of the term remaining, with no right of renewal, especially at this time of year.

In a small building, your best bet is to find a person who will offer to be the assignee and with whom it would be difficult for the landlord to find reasonable fault. If the landlord refuses to grant permission for the assignment, you could cancel the lease.

But you would have to be willing to fight the landlord in housing court when he sues for rent. The landlord would probably say that the proposed assignment was a sham, asking what legitimate assignee would rent an apartment for the months of March through June. It would be interesting to see if the landlord would acknowledge the poor condition of the apartment as additional proof that the proposed assignment was a sham.

: 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..


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

: 1. Unless a greater right to assign is confe

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