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Re: Is this reasonable ground to deny sublet? NO

Posted by Anna on July 30, 1999 at 11:20:22:

In Reply to: Is this reasonable ground to deny sublet? posted by Nathalie Silvestre on July 29, 1999 at 14:34:15:

: Could someone please answer the following question or, else, tell me how/where I might find the answer? It is really urgent. I need to sublet my (rent-stabilized) studio for a year (starting in 5 weeks from now) while I'm in the Middle East doing research for my dissertation. I have found a visiting professor to sublet my apartment for the academic year (Sept.-May) and would then like to sublet to someone else for the remaining three months (June-Aug.). My landlord, however, said he will not allow me to sublet to two consecutive persons. He didn't give me any reason other than saying that "it is unheard of" and he "does not have to approve such an arrangement," and he added that I should pay rent for these summer months myself (even though I wouldn't be living there) or else should just move out (something which he would love me to do since he could then raise the rent a great deal). I can establish both my intent to return after a year and the financial trustworthiness of my successive subtenants: does his refusal qualify as unreasonable?
: Thanks a lot for your help,
: Nathalie

Reasonable grounds for rejecting a proposed subtenant are the same as for rejecting any tenant application: usually bad or weak credit history or bad or weak character... what is "reasonable" in L&T transactions depends on what the judge or DHCR eventually says. Try searching Housing Court Decisions on the word "reason" for some guidance.

Rent Stab tenants can sublet for a maximum of two years of any four-year period. There are no written rules about the years being consecutive or having only one subtenant for the entire sublet period.

Suggestion: sublet to both anyway, but sublet safely:
It sounds like the LL's rejection was oral: get it in writing (you did do your part in writing, mailed both First Class and Registered RRR, didn't you?). When you do (or now, if you don't think he'll put such nonsense in writing), draft a letter insisting on your sublet rights, take it to a tenant-clinic or to a tenant-lawyer for review, maybe even pay a lawyer to revise it and send it.

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