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Posted by TenantNet on March 16, 1997 at 08:45:49:

In Reply to: Subletting or breaking my lease posted by AMY on March 12, 1997 at 22:03:14:

: My boyfriend and I both signed a year lease that expires on
September 30,1997. I would like to move back to Florida due to job
loss and depression disorder caused by (believe it or not) lack of
sunlight. We also have a guarantor who has singed the lease ( he
lives in Texas). I really need to get out of my funk and back to
rural, sunny Florida. Any suggestions on sub-letting or breaking my
lease? Sub-letting is prohibited by our lease. Does my professionally
diagnosed condition give me a leg to stand on? Also is there any
ossibility that my landlord may be breeching the terms of the lease
in some obscure way. How can I find out what the last tennant paid
in order to find out if they've increased the rent by more than is
legally allowed? Thanks for your help. Amy

Lack of sunlight? OK... If you're in New York, you have the right to
sublet under Real Property Law section 226-b no matter what the lease
states. Landlords often put such unenforceable clauses in leases
as a means of intimidation. We have RPL on TenantNet and you can
look up the provision. There's also a subletting guide in one
of Met Council's newspaper editions (also available on TenantNet --
do a search). Technical one is responsible for the rent for the
term, but in NY in order for the owner to come after you, he would
need to allege damages -- meaning he couldn't re-rent the place,
and in NYC that's virtually impossible. A defense would be that he
"failed to mitigate his damages" by not trying to re-rent the place.
I believe this subject is discussed several times on the message board.

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Comments:
: : My boyfriend and I both signed a year lease that expires on 
: September 30,1997.  I would like to move back to Florida due to job 
: loss and depression disorder caused by (believe it or not) lack of 
: sunlight.  We also have a guarantor who has singed the lease ( he 
: lives in Texas).  I really need to get out of my funk and back to 
: rural, sunny Florida.  Any suggestions on sub-letting or breaking my 
: lease?  Sub-letting is prohibited by our lease.  Does my professionally 
: diagnosed condition give me a leg to stand on?  Also is there any 
: ossibility that my landlord may be breeching the terms of the lease 
: in some obscure way.  How can I find out what the last tennant paid 
: in order to find out if they've increased the rent by more than is 
: legally allowed?  Thanks for your help.   Amy

: Lack of sunlight? OK... If you're in New York, you have the right to
: sublet under Real Property Law section 226-b no matter what the lease
: states. Landlords often put such unenforceable clauses in leases
: as a means of intimidation. We have RPL on TenantNet and you can
: look up the provision. There's also a subletting guide in one
: of Met Council's newspaper editions (also available on TenantNet --
: do a search). Technical one is responsible for the rent for the
: term, but in NY in order for the owner to come after you, he would
: need to allege damages -- meaning he couldn't re-rent the place,
: and in NYC that's virtually impossible. A defense would be that he
: "failed to mitigate his damages" by not trying to re-rent the place.
: I believe this subject is discussed several times on the message board.


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