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Is it legal for my LL to not allow sublease?

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Is it legal for my LL to not allow sublease?

Postby Friendly_Order_420 » Thu Dec 24, 2020 12:23 am

I just let my landlord know that I am going to begin searching for a sublessee.

He replied by citing our sublease which states that subleases are not allowed.

I want to reply by citing New York Real Property Law 226-b, but I don't know if I'm missing something.

Does the sublease or New York Real Property Law supersede?

He also says that if I choose to move out early I will not only owe the rent for the remainder of the lease but also lose my deposit.
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Re: Is it legal for my LL to not allow sublease?

Postby TenantNet » Thu Dec 24, 2020 3:44 am

As far as we know, subleases are allowed by 226-b whether or not the least has a provision to the contrary. I'm sure there are cases that say that - but I can't cite any at 3 AM.

Of course there are procedures that tenants and LLs must follow. I know many tenants that just go ahead and do it hoping the LL won't object. You have to look at how it might play out.

MANY years ago, I wanted to sublet for the summer. The LL was being difficult, so I just went ahead. The place where I was going was only a few hours away, I gave full disclosure to the sublet that it was an illegal sublease, and was only for 90 days.

The way the courts operate (slowly), I would be back in the unit before anything would occur legally.

I know tenants that give their super a gift (i.e., bribe) in order to turn the other way. In many cases the super is the eyes and ears of the LL. Not saying it's the best way, but I have seen it happen.

My opinion it was probably a mistake to let the LL know of your intentions this far in advance. But of course every situation is different.

As for moving out early, the 2019 laws changed all that. Go to viewtopic.php?f=24&t=13981
and download Part 1. (see top of page 9 of document - labeled page 40 at the bottom - on Duty to Mitigate Damages by renting apartment.

The deposit issue is more complicated. I do not know if a deposit can be used to apply to unpaid rent if a tenant moves out early, if a LL has failed to mitigate damages. Some tenants don't pay the last month's rent in order to recover a deposit if they feel the LL will be difficult - and if there are no other physical damages. LLs will say it's not supposed to work that way, but I know it is often done. We're not suggesting you do or don't do that, but we do suggest that if there are real damages aside from normal wear and tear, let the deposit cover those.

Sounds like your lease was made prior to 2019, but the laws have changed.
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Re: Is it legal for my LL to not allow sublease?

Postby BubbaJoe123 » Thu Dec 24, 2020 10:55 am

You say that the landlord cited a provision in your "sublease." Are you the tenant, or are you actually a subletter yourself?
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