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Posted by Mark Smith on January 06, 2000 at 20:40:55:

In Reply to: Illegal Sublet - NYC posted by Jeffrey C. on January 04, 2000 at 15:26:05:

Real Property Law §226-b allows subletting in buildings with four or more units, with exceptions for co-ops, public housing, and some government-regulated buildings. It doesn't matter if the apartment is rent stabilized.

Jeffrey C asked:

: : : I live in an unregulated rental building, 3 units in all. The landlord refuses to cooperate regarding a sublease or sublet situation. I am not interested in renewing the lease when it finishes, 6/30/2000. If I do the illegal sublet, can someone advise me on how I should proceed to best shield me from potential liability?
: : : thanks,
: : : Jeffrey

Anna incorrectly replied:

: : Basically, if, after you follow the legally required procedures, the landlord unreasonably refuses a sublet, he has waived the right to collect the balance of your lease (of course, he might sue you and you'd have to fight in court).

: : Use the search feature here and also on TenantNet Home with the words 'sublet law': you'll get a lot more info, including the law itself.

Mike W also incorrectly replied:

: Don't be so sure. This is an unregulated unit, so the normal sublet rule don't apply.

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Comments:
: Real Property Law §226-b allows subletting in buildings with four or more units, with exceptions for co-ops, public housing, and some government-regulated buildings.  It doesn't matter if the apartment is rent stabilized.

: 
: Jeffrey C asked:

: : : : I live in an unregulated rental building, 3 units in all. The landlord refuses to cooperate regarding a sublease or sublet situation.  I am not interested in renewing the lease when it finishes, 6/30/2000.  If I do the illegal sublet, can someone advise me on how I should proceed to best shield me from potential liability?
: : : : thanks,
: : : : Jeffrey

: 
: Anna incorrectly replied:

: : : Basically, if, after you follow the legally required procedures, the landlord unreasonably refuses a sublet, he has waived the right to collect the balance of your lease (of course, he might sue you and you'd have to fight in court).

: : : Use the search feature here and also on TenantNet Home with the words 'sublet law': you'll get a lot more info, including the law itself.

: 
: Mike W also incorrectly replied:
:  
: : Don't be so sure.  This is an unregulated unit, so the normal sublet rule don't apply.


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