TenantNet Forum

Where tenants can seek help and help others



Right To Assign Lease in 2 Family Home?

Rights for non-regulated tenants

Moderator: TenantNet

Right To Assign Lease in 2 Family Home?

Postby leavingnyc » Mon Sep 13, 2010 2:49 pm

Hi All,

As a tenant in a 2 family rental building, am I covered by the right to assign clause of 226-B?

Basically, my situation is that the LL will let us out if we find a new tenant, at significantly higher rent. Apt has been on the market for a month with no interest, due to the asking price. My only option is to find somebody to assign the lease to, but the ll has stated he is not interested in this type of arrangement. My intent is to advertise anyways, send a candidate to the LL and then if he refuses "unreasonably" or doesn't answer to exercise my right to vacate under 226-B

Some questions, if anybody has info I really need help understanding my options!!

1)Does 226B apply to 2 family non-regulated buildings
2)Does anybody have more info on what is considered "reasonable"
3)Following from above, am I forced to use a realtor? I think I will be more successful finding somebody to assign my lease to if they do not have to pay a realtor's fee
4)Does the request to assign take the same form as the request to sublet?

Thank you!!!
4)
leavingnyc
 
Posts: 1
Joined: Mon Sep 13, 2010 2:35 pm

Postby ronin » Sun Sep 19, 2010 3:19 am

RPL 226-b appears to apply to non-regulated apartments as well as regulated unless the owner lives in the dwelling less than 4 units. It specifically delineates those categories. However, I don't have the annotated statute in front of me. So you should do a search on it and see what the courts have done- tell us what you find.

From here it looks pretty clear that if the LL unreasonably refuses your assignment you are released from the lease. But you need to see what the courts have done with it. Even though the procedure in the statute isn't mandatory for a 2 unit dwelling, it certainly couldn't hurt to follow it.
ronin
 
Posts: 419
Joined: Sat Mar 16, 2002 2:01 am


Return to NYC Non-Regulated Apartments

Who is online

Users browsing this forum: No registered users and 23 guests