break lease or be evicted?

[emmy]

I hold a lease on a rent stabilized apartment. For the past 3 months I've been taking care of family business out of state. In the meantime a friend has been using the apt. The landlord has served me with a 10 day Notice To Cure and has accused me of overcharging an illegal subtenant 110% over the actual rent, which is false. No money has been exchanged for the usage of the apt. while I've been away. My current circumstances make it impossible for me to return to the apartment now and crazy as it may seem, I'm actually willing to give up the apartment and spare myself a protracted legal battle (the place is a hole and I have an alternative living space) My question is: do I inform the landlord that I am willing to vacate before he initiates eviction proceedings (and risk being held liable for the remaining rent on the lease (a year) or do I wait to be evicted and lose the lease and be held liable for court costs, etc? I should mention that the rent is well below market and it could be re-rented in about 3 minutes. This is a tough one because of the grey areas within the rent stabilization laws. Any first-hand expertize is appreciated.

<small>[ October 01, 2002, 12:24 AM: Message edited by: emmy ]</small>

[emmy]

Thanks for the input. I'm still curious about the best course of action if I decide to vacate (which is probable). Should I take advantage of the situation and volunteer to surrender the apt.? As I mentioned, it would behoove the LL to let me break the lease so he can re-rent at an increase but what is the law? Any idea?

[MikeW]

Emmy,

Keep in mind that you have the right to sublet the apartment for, if I remember correctly, two out of four years. You might want to do this, and hold onto the lease, if you have any plans to return to the city.