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Breaking Lease - Out of Work

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Breaking Lease - Out of Work

Postby laurenalvarez » Mon Jul 22, 2002 11:32 am

I have been out of work since September 2001 and I need to get out of my lease.

My landlord will not let me move into a cheaper apartment because I am mid-lease and I can't afford to pay my current rent.

Is there anyway to get out of this lease without applying for bankruptcy?
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Re: Breaking Lease - Out of Work

Postby mjr203 » Mon Jul 22, 2002 1:15 pm

Technically, I think you have to try to find a new tenant for the apartment, notifying your Landlord that you want to "assign" your lease.

I got this off housingnyc.com:
"SUBLETTING OR ASSIGNING LEASES

Subletting and assignment are methods of transferring the tenant's legal interest in an apartment to another person. A sublet transfers less than the tenant's entire interest while an assignment transfers the entire interest. A tenant's right to assign the lease is much more restricted than the right to sublet.

A tenant may not assign the lease without the landlord's written consent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the lease. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the lease after 30 days notice."

I imagine the particulars of your case would determine if this applies to you.

-POINTER
most Landlords suck it.
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