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Posted by Mark Smith on April 14, 1999 at 01:34:42:

In Reply to: refusing your sublet could be grounds to terminate the lease posted by Will on April 14, 1999 at 00:23:06:

You can ask the landlord for consent to assign your lease, and if the landlord unreasonably refuses, you can cancel your lease. Then you would be brought to housing court, and it would be up to the judge to decide whether the landlord's refusal was unreasonable.

If you request the landlord's consent to a sublet and the landlord unreasonably refuses, you could go ahead with the sublet, but again you would be brought to housing court, where you would have to challenge the landlord's refusal to consent to the sublet as unreasonable. Again, the judge would decide if the refusal was unreasonable.

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: If the person had good credit and job and the landlord denies the sublease it could be grounds to terminate the lease. You have to make the request in writing. The landlord has 30 days to respond at which point you can give 30 days notice. If you get my drift you might be better off walking away..but look the lease over because in addition to the security deposit you could be liable to pay rent until the apartment becomes occupied again.

: Will

:
: : My lease expires 3/31/00; I'm in a rent-stabilized apt. in NYC (Brooklyn). I'd like to break the lease, but the landlord assures me that in doing so, I will not get my security deposit back. I've also asked if I could assign the lease; she says that she will not permit it. (While I can ask for permission to have the lease assigned to someone else, she will deny it anyway, despite reasonable or unreasonable grounds). So, it seems like my only recourse is to sublet the apt.

: : Does anyone know what criteria I should seek in finding someone to sublet that she will approve of? I'm afraid that the woman I'm looking to sublet to won't meet her "standards" and will therefore claim reasonable objection (ie: financials, since the woman is a student/intern - I do feel confident that this woman will be able to afford the rent). If the landlord does object, it will delay my process in getting someone to sublet my apt. by June 99.

: : The landlord is not someone who is open to reason or conversation; in fact, I fear that I will lose my security deposit no matter what.

: : How should I proceed? And does anyone know how I might get a sublease contract? The laws in NYC state that I must submit a copy of the proposed sublease, signed by the subtenant prior to getting her approval.

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Comments:
: You can ask the landlord for consent to assign your lease, and if the landlord unreasonably refuses, you can cancel your lease.  Then you would be brought to housing court, and it would be up to the judge to decide whether the landlord's refusal was unreasonable.  

: If you request the landlord's consent to a sublet and the landlord unreasonably refuses, you could go ahead with the sublet, but again you would be brought to housing court, where you would have to challenge the landlord's refusal to consent to the sublet as unreasonable.  Again, the judge would decide if the refusal was unreasonable.

: =====================================================

: : If the person had good credit and job and the landlord denies the sublease it could be grounds to terminate the lease.  You have to make the request in writing. The landlord has 30 days to respond at which point you can give 30 days notice.  If you get my drift you might be better off walking away..but look the lease over because in addition to the security deposit you could be liable to pay rent until the apartment becomes occupied again.

: 
: : Will

: : 
: : : My lease expires 3/31/00; I'm in a rent-stabilized apt. in NYC (Brooklyn).  I'd like to break the lease, but the landlord assures me that in doing so, I will not get my security deposit back.  I've also asked if I could assign the lease; she says that she will not permit it. (While I can ask for permission to have the lease assigned to someone else, she will deny it anyway, despite reasonable or unreasonable grounds).  So, it seems like my only recourse is to sublet the apt. 

: : : Does anyone know what criteria I should seek in finding someone to sublet that she will approve of?  I'm afraid that the woman I'm looking to sublet to won't meet her "standards" and will therefore claim reasonable objection (ie: financials, since the woman is a student/intern - I do feel confident that this woman will be able to afford the rent). If the landlord does object, it will delay my process in getting someone to sublet my apt. by June 99.  

: : : The landlord is not someone who is open to reason or conversation; in fact, I fear that I will lose my security deposit no matter what.  

: : : How should I proceed?  And does anyone know how I might get a sublease contract?  The laws in NYC state that I must submit a copy of the proposed sublease, signed by the subtenant prior to getting her approval.   


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