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Posted by Mark Smith on July 30, 1999 at 15:45:50:

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

I agree with Anna and Richard, but there is a practical consideration: you will be in the Middle East when all of these court battles rage. You should retain an attorney now, and have that attorney challenge the landlord's refusal to allow you to sublet while you are still in New York City, and if necessary, in court with one or both sub-tenants. Bring the lease and other relevant documents when you meet the attorney. You may be able to have the landlord pay your attorneys' fees under Real Property Law §234.

: 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

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Comments:
: I agree with Anna and Richard, but there is a practical consideration: you will be in the Middle East when all of these court battles rage. You should retain an attorney now, and have that attorney challenge the landlord's refusal to allow you to sublet while you are still in New York City, and if necessary, in court with one or both sub-tenants.  Bring the lease and other relevant documents when you meet the attorney.  You may be able to have the landlord pay your attorneys' fees under Real Property Law §234.

: 
: : 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


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