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lease break

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lease break

Postby JKinbklyn » Sat Nov 23, 2002 7:00 pm

I am 6 months into a 2 year lease. I may need to move unexpectedly, and am worried about getting out of this lease; my lease says that I cannot sublet. However, I understand that according to NY state law my landlords cannot 'unreasonably' refuse to let me sublet; any ideas about what this actually means? And is it really a big deal to break a lease, or am I making a mountain out of a molehill, proverbially speaking?
JKinbklyn
 
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Re: lease break

Postby consigliere » Sun Nov 24, 2002 12:18 pm

Any tenant -- regulated or not -- has the right to sublet, subject to the landlord's reasonable consent, as long as the building has four or more units.
 
Any tenant, in any size building, can cancel the lease if the landlord unreasonably refuses a request for an assignment.
 
See Real Property Law §226-b for more details.
 
In New York state, it's not clear if a residential landlord has the obligation to mitigate damages if a tenant moves out prior to the expiration of a lease.
 
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Re: lease break

Postby JKinbklyn » Sun Nov 24, 2002 1:38 pm

Thanks for the replies. Is there any source of info. out there as to what is a "reasonable" reason for getting out of the lease/subletting?
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Re: lease break

Postby owen » Thu Dec 19, 2002 6:29 pm

I have the same problem. Just got a new job in CT so have to move out of Brooklyn. We have to break our lease and I don't want to lose our damage deposit. Is it possible?
owen
 
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Re: lease break

Postby consigliere » Fri Dec 20, 2002 3:01 pm

If the landlord unreasonably refuses a proposed assignment, the tenant can terminate the lease.
 
If the landlord unreasonably refuses a proposed subletting, the tenant can go ahead with the subletting.
 
Either way, the landlord and tenant will probably end up in court.
 
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Re: lease break

Postby owen » Sun Dec 22, 2002 10:37 pm

Well, she's letting us out of the lease (very nice of her) and I'd like to get it in writing without offending her. Anyone ever written something like this before?
owen
 
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