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Posted by gary on December 15, 2000 at 18:52:05:

In Reply to: Apply rent increase toward damages from non-occupancy? posted by August on December 15, 2000 at 17:10:26:

I'm not sure about the answer to your question, which requires legal knowledge I don't have.
But I do think your premise is incorrect. With the rental market being as it is in NYC -- particularly for stabilized apts. -- I doubt very much that it will take a few months to find a new tenant. The LL will probably be able to replace you right away. If he does, you are totally in the clear, I think.
Also, why not try to sublease the apt.?

: I am about to vacate a rent stabilized apartment in NYC with about 20 months to go on the lease. The LL will increase the rent substantially for the new tenant. Assume that it takes a few months to find a new tenant. When the LL comes after me for the rent for those months, will I be able to apply the amount of any increase that the new tenant is paying against those damages?

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Comments:
: I'm not sure about the answer to your question, which requires legal knowledge I don't have.
: But I do think your premise is incorrect. With the rental market being as it is in NYC -- particularly for stabilized apts. -- I doubt very much that it will take a few months to find a new tenant. The LL will probably be able to replace you right away. If he does, you are totally in the clear, I think. 
: Also, why not try to sublease the apt.? 

: : I am about to vacate a rent stabilized apartment in NYC with about 20 months to go on the lease.  The LL will increase the rent substantially for the new tenant.  Assume that it takes a few months to find a new tenant.  When the LL comes after me for the rent for those months, will I be able to apply the amount of any increase that the new tenant is paying against those damages?


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