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Posted by DK on October 08, 1999 at 20:14:40:

In Reply to: Termination of Lease posted by Serhan Dagtas on October 07, 1999 at 14:40:09:

Your rights are governed by the lease. In addition, you have the right to find someone who is willing to take over the lease, if the landlord should unreasonably refuse consent, then you are released from the balance of the lease. But you must follow the formal procedure spelled out in Real Property Law § 226-b (1) which I have copied below.

S 226-b. Right to sublease or assign. 1. Unless a greater right
to assign is conferred by the lease, a tenant renting a residence may
not assign his lease without the written consent of the owner, which
consent may be unconditionally withheld without cause provided that
the owner shall release the tenant from the lease upon request of the
tenant upon thirty days notice if the owner unreasonably withholds
consent which release shall be the sole remedy of the tenant. If the
owner reasonably withholds consent, there shall be no assignment and
the tenant shall not be released from the lease.
. . . .
6. Any provision of a lease or rental agreement purporting to
waive a provision of this section is null and void.


:
: I am renting a house in Westchester County and have recently purchased
: a home. What are my rights to terminate the lease?

: Thank you.

Follow Ups:

• Re: Termination of Lease LK 11/14/99 (0)
• Re: Termination of Lease LK 11/14/99 (0)

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Comments:
: Your rights are governed by the lease. In addition, you have the right to find someone who is willing to take over the lease, if the landlord should unreasonably refuse consent, then you are released from the balance of the lease. But you must follow the formal procedure spelled out in Real Property Law § 226-b (1) which I have copied below.

:     S  226-b.  Right to sublease or assign. 1. Unless a greater right
: to assign is conferred by the lease, a tenant renting a residence may
: not  assign his lease without the written consent of the owner, which
: consent may be unconditionally withheld without cause  provided  that
: the owner shall release the tenant from the lease upon request of the
: tenant upon thirty days notice if the  owner  unreasonably  withholds
: consent  which release shall be the sole remedy of the tenant. If the
: owner reasonably withholds consent, there shall be no assignment  and
: the tenant shall not be released from the lease.
:         .  .  .  .
:        6.  Any  provision  of  a lease or rental agreement purporting to
: waive a provision of this section is null and void.
:    
:  
: : 
: : I am renting a house in Westchester County and have recently purchased 
: : a home. What are my rights to terminate the lease?

: : Thank you.


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