Early Termination - LL Raising Next Rent Too High.

[UnclePonto]

I've requested the early termination of my lease from my LL. They inform me that I will be held liable for the rent until the apartment is re-rented. However, in the meantime, they are raising the rent from 1265 to 1700 thereby making the apartment much, much harder to rent. I've found two people who would have taken it but for the 1700 rent (they'd pay about 1500). It seems unfair to me that the LL can continue to hold me accountable for the rent at 1265 while he greedily and casually looks for a 1700 tenant for 9 months. Seems like if he's going to hold me accountable he should either have to maintain the current rent for the balance of the existing lease or, if he chooses not to, release me from the lease w/o further obligation. He's changing the rules mid-stream. I've requested the right to assign the lease via fax and certified mail but have not been able to talk to anyone there. What can I do? This really does seem unfair in that he is making it extremely difficult for me to help myself in this situation and I have tried very hard to find a replacement tenant but have been stymied at every turn. This apartment does not compare with other 1700 1 BRs in my area. It will not be quickly rented at that price but probably would be at the current rent or even 1500. Ideas.

[consigliere]

Real Property Law §226-b governs assignment and subletting of all residential premises in New York. Your lease may give you greater rights.
 
If your apartment were rent stabilized, you would have the right to renew your lease, which would make subletting easier. There would be a 10% surcharge under current and recent Rent Guidelines Board orders.
 
In any event, with nine months remaining on your lease, you should be able to find a subtenant and the landlord cannot unreasonably withhold permission to sublet. But you'll probably have to go to court to challenge the landlord's denial of permission to sublet. If you are successful, you can sublet.
 
Similarly, you would probably have to go to court to challenge a denial of permission to assign your lease. If you are successful, the lease would be cancelled.
 

[UnclePonto]

I am rent stablilized, in the middle of my lease, and I can resign the lease for the upcoming year when the lease comes due. I guess I don't want to really be involved with the whole subletting situation if it can be avoided. However, I am contemplating going back to my landlord and telling him that I have changed my mind, that I will stay on the lease indefinitely (it is my right to sign an extension when it comes due) and allow him to make a business decision to either have me stay on at the 2% increase per year indefinitely or get me off the lease for good thereby ending the stablized status of the apartment and allowing him as much latitude as he could want to raise the rent. But I'd rather he just let me go and do what he wants.

[Phil Cohen]

Why don't you simply tell him you have found a very fine tenant (or two tenants) willing to sublease your apartment? That you want his permission? Send it by certified mail, return receipt requested. Say that you want an answer by X day (one or two weeks), and that if he does not reply it will be viewed as a no answer. Remind him that he can't unreasonably refuse permission.
I think that if you do this, you'll have a strong case if he refuses to sublease and you move.

[consigliere]

For a rent stabilzed apartment, the landlord could increase the rent to about $1,500 for a vacancy lease, without making any improvements in the apartment.
 
But he can't legally raise the rent to $1,700 without making any improvements, and the apartment would still remain rent stabilized.
 
You can also check out DHCR Fact Sheet #7 - Sublets, Assignments and Illusory Tenancies for more information.
 

[UnclePonto]

Thank for the replies, everyone. Here's the thing that really gets me: the apartment is under the J-51 exception (or whatever they call it) and once I move out the apartment goes out of stabilized status. So I'm thinking that this knucklehead would be thrilled to see me go so he can get out from under the tenant friendly laws of rent stabilization and raise the rent to his heart's content. But like I said, he wants that option - but he apparently is not sure ENOUGH that the apartment is worth 1700 that he would be willing to allow me to walk in order to get it. I think he knows this apartment might take a few weeks or a month or two to rent at that price. Isn't that annoying?! I'm fighting him all the way on this.