Posted by TenantNet on February 13, 2002 at 13:47:07:
In Reply to: Re: Breaking a lease posted by me again on February 13, 2002 at 11:52:17:
Let's try to give the poster some better information. If in NYC, the renter has a right to sublet whether or not it's permitted by the lease -- if certain procedures are followed. See Real Property Law section 226-b (available on tenant.net) and also see: http://www.tenant.net/Tengroup/Metcounc/Mar96/sublet.html.
: : What are my right in recovering my deposit.
: : And can I sublease He didn't put any constraints reguarding subleases in my agreement as my landlord calls it.
: you've apparently rented from a landlord that isn't ready to be a landlord. some of his requests may sound reasonable, but it sounds like the apartment is not really ready for tenants, as he should have done some sound insulation prior to renting it out, but, that is probably an argument that can go on for a while.
: assuming you do try to sublease, and it is permitted by your lease, be very cautious here, screen the sub-lessee very carefully, get security deposits, etc., because you CAN NOT transfer your liability to the sub-lessee, YOU will still be responsible for any damages, etc. that THEY may cause, and the landlord will probably sue YOU, since he has no agreement with them, only you. YOU will effectively become the landlord, and hear all the problems they have with your landlord, and if they decide to NOT pay rent, you will still have to pay it anyway, and have YOUR tenants evicted, and in NYC, this is not a process for the faint of heart.
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