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Posted by - on August 01, 2001 at 20:45:54:

In Reply to: Re: Broken sublease posted by Lilly on August 01, 2001 at 04:54:35:

Lilly, while you are correct about the Roommate law, Gwen is referring to the fact that the sublessee wants break the lease and move out. This is a violation of the lease, and Gwen, as sublessor, would be entitled to demand rent for the entire term of the lease agreement if she wished to.

Gwen's proposal is good. It is rarely worthwhile to try to to force someone to stay who doesn't want to or to take such a dispute to court.

: Your sublettor didn't violate her lease- U Can't restrict occupancy to only the person named on the lease. Real Property Law 235-F (aka the roommate law) Anything in the lease which restricts occupancy to only the person named on the lease is not enforceable....You should know that by now!

Follow Ups:

• Re: Lilly is correct; Gwen and - are wrong New York Tenant 08/02/01 (4)
  • Re: Lilly is correct; Gwen and - are wrong Gwen 08/03/01 (3)
    • Re: Roommate Law New York Tenant 08/03/01 (2)
      • Re: Roommate Law Gwen 08/03/01 (1)
        • Re: Pet Issues - Answered my own question. Gwen 08/03/01 (0)

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: Lilly, while you are correct about the Roommate law, Gwen is referring to the fact that the sublessee wants break the lease and move out.  This is a violation of the lease, and Gwen, as sublessor, would be entitled to demand rent for the entire term of the lease agreement if she wished to.

: Gwen's proposal is good.  It is rarely worthwhile to try to to force someone to stay who doesn't want to or to take such a dispute to court.

: : Your sublettor didn't violate her lease- U Can't restrict occupancy to only the person named on the lease. Real Property Law 235-F (aka the roommate law) Anything in the lease which restricts occupancy to only the person named on the lease is not enforceable....You should know that by now!


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