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Posted by Anna on June 15, 2000 at 18:34:24:

In Reply to: translation of assignment language posted by Erin on June 07, 2000 at 11:47:21:

: This refers to Real Property Law Sec. 226-b. Right to sublease or assign.

: Can someone please translate the following passage marked below? I read it several times; still not sure if I understand the rules correctly. Thanks so much!

: 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,

: START TRANSLATION HERE: "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." STOP TRANSLATION

: If the owner reasonably withholds
: consent, there shall be no assignment and the tenant shall
: not be released from the lease.

If the landlord gives no reason at all for rejecting your properly requested and properly timed application, your lease is cancelled: you don't owe the balance of your lease after you move out. You must request this action within 30 days of his refusal.

Ditto if his stated reason for refusal is "unreasonable". What is "unreasonable"? It is not defined; if you and the landlord disagree, you have to sue him and let the court decide. Some hints on "unreasonable" can be found in reading court decisions on this subject. Try searching for this term and/or this subject in the Housing Court section on TNet and of course, this message board.

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Comments:
: : This refers to Real Property Law Sec. 226-b. Right to sublease or assign.

: : Can someone please translate the following passage marked below? I read it several times; still not sure if I understand the rules correctly. Thanks so much!

: :        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, 

: :        START TRANSLATION HERE: "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." STOP TRANSLATION

: :        If the owner reasonably withholds
: :        consent, there shall be no assignment and the tenant shall
: :        not be released from the lease.

: If the landlord gives no reason at all for rejecting your properly requested and properly timed application, your lease is cancelled: you don't owe the balance of your lease after you move out.  You must request this action within 30 days of his refusal.

: Ditto if his stated reason for refusal is "unreasonable".  What is "unreasonable"? It is not defined; if you and the landlord disagree, you have to sue him and let the court decide.  Some hints on "unreasonable" can be found in reading court decisions on this subject.  Try searching for this term and/or this subject in the Housing Court section on TNet and of course, this message board.  


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