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Posted by Mark Smith on September 09, 1999 at 08:41:38:

In Reply to: Seeking advice: my landlord's a jerk and I need to break my lease posted by Andrew Jewell on September 08, 1999 at 19:22:19:

Below is a link to DHCR Fact Sheet #7 about assignment and subletting, so that you can get out of your lease. Real Property Law §226-b permits assignment or subletting if your building has four or more units.

http://www.dhcr.state.ny.us/ora/pubs/html/orafac7.htm

or click on the link at the end of this message

Is your apartment rent stabilized? If so, perhaps you have been overcharged by your lunatic landlord.

:
: I rent a studio apartment in a brownstone building in Brooklyn, NY. I signed a one-year lease back in December 1996, then recently signed a new
: one-year lease that is valid through April 2000. My problem is that I plan to leave New York before my lease expires, and I don't want to pay the
: rent on the remaining months. I realize that, by having signed the lease, I technically owe my landlord a year's worth of rent. I'm also aware that
: I'm not allowed to sublet the apartment without his approval, which I will never get. Consequently, I find myself in a predicament.

: I should note that my living arrangement is highly unusual. My landlord is a therapist, and the building in which I live serves as his office during
: the week. Of the eight units in the building, only three are rented to tenants like myself. The others units are used by my landlord to receive his
: patients during office hours. Because my landlord wishes the building to function as a professional office during the week, as opposed to a
: residential apartment building, he imposes rather draconian rules on his tenants. Essentially, tenants are asked not to make any noise whatsover
: during office hours, which extend as late as 10:00 PM. Thus, no talking in the stairwell, no loud music, no parties, no vacuuming, etc. Past
: experience has taught me that pizza and a few laughs with a friend on a Friday night in my studio will result in a knock on my door and a reprimand
: from my landlord. Of course, the rules don't operate in the ot

• Sublets, Assignments and Illusory Tenancies -- DHCR

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Comments:
: Below is a link to DHCR Fact Sheet #7 about assignment and subletting, so that you can get out of your lease.  Real Property Law §226-b permits assignment or subletting if your building has four or more units.  

: http://www.dhcr.state.ny.us/ora/pubs/html/orafac7.htm

: or click on the link at the end of this message

: Is your apartment rent stabilized?  If so, perhaps you have been overcharged by your lunatic landlord.

: 
: :
: : I rent a studio apartment in a brownstone building in Brooklyn, NY.  I signed a one-year lease back in December 1996, then recently signed a new 
: : one-year lease that is valid through April 2000.  My problem is that I plan to leave New York before my lease expires, and I don't want to pay the 
: : rent on the remaining months.  I realize that, by having signed the lease, I technically owe my landlord a year's worth of rent.  I'm also aware that 
: : I'm not allowed to sublet the apartment without his approval, which I will never get.  Consequently, I find myself in a predicament.

: : I should note that my living arrangement is highly unusual.  My landlord is a therapist, and the building in which I live serves as his office during 
: : the week.  Of the eight units in the building, only three are rented to tenants like myself.  The others units are used by my landlord to receive his 
: : patients during office hours.  Because my landlord wishes the building to function as a professional office during the week, as opposed to a 
: : residential apartment building, he imposes rather draconian rules on his tenants.  Essentially, tenants are asked not to make any noise whatsover 
: : during office hours, which extend as late as 10:00 PM.  Thus, no talking in the stairwell, no loud music, no parties, no vacuuming, etc.  Past 
: : experience has taught me that pizza and a few laughs with a friend on a Friday night in my studio will result in a knock on my door and a reprimand 
: : from my landlord.  Of course, the rules don't operate in the ot


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