Posted by JohnJane on February 19, 2002 at 17:14:32:
In Reply to: Re: Breaking a lease posted by me again on February 13, 2002 at 14:47:00:
Yeah. Same damn problem here the b i t c h s at this evil realtors place lied to me on several occasions saying I cant break the lease and have to sublease. That's not right if the place is shi t a and your paying top dollar and they are dishonest and wont fix anything but the things they have to fix and ruin your life they dont deserve to be in business. There needs to be a tenants group that will kick these slum lord bi tc h asses. THanks Bye.
: : 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.
: regardless of the 'right' to sub-lease, my original post stands as far as the liability to your landlord regarding payment and damages, it is your liability to pay your landlord, whether they pay you or not, and if they totally trash the place, YOU will be responsible for the damages. you can NOT assign your liability to someone else, unless the landlord agrees to it (not bloody likely).
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