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Posted by Mark Smith on August 07, 2000 at 18:24:23:

In Reply to: So you have no rights??? I know I do... posted by Yung on August 07, 2000 at 14:56:15:

And yet another name is being used by the person who won't accept the facts, or cite any law, regulation, or court case to back up his untenable position.

A rent stabilized renewal lease has the same terms and conditions as the original vacancy lease. If there's no right to cancel the vacancy lease with 30-days' notice, then there's no right to cancel the renewal lease with 30-days' notice.

A lease generally has a commencement date and a termination date. When you move in or move out has little to do with it, unless the original commencement date was delayed because the apartment was not available on the date specified in the vacancy lease. However, you are obligated to pay the rent for the full term (one year or two years) of the lease.

Under New York law, you have a right to assign a lease, and if the landlord unreasonably refuses to consent to the assignment, you can cancel the lease. In most cases, you also have a right to sublet the apartment, and if the landlord unreasonably refuses to consent to the sublet, you can go ahead with the sublet. But you will probably end up in court, fighting with the landlord over whether the refusal to consent to the assignment or the sublease was unreasonable.

And in the unlikely case that a lease actually began on Christmas day (December 25th), it would generally end on Christmas eve (December 24th).

:
: So your [sic] saying, if you move in in December and you stay there two - three years (with renewal leases) that you can loose [sic] your deposit or get penalized if you decide to move out in any other month other than December??? Again Are [sic] you saying that? Oh, and the same day too. Like December 25th???
: Like if you move in on the 25th of December, then you must move out on the 25th of December??? or loose [sic] your deposit, and pay for vacancy advertizing [sic]? Etc. Etc.
: Think about it???

Follow Ups:

• The lack of information can cost you. Jasper 08/07/00 (2)
  • The lack of information can cost you -- AND YOU LACK IT Mark Smith 08/07/00 (1)
    • Re: The lack of information can cost you -- AND YOU LACK IT TenantNet 08/08/00 (0)

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Comments:
: And yet another name is being used by the person who won't accept the facts, or cite any law, regulation, or court case to back up his untenable position.  

: A rent stabilized renewal lease has the same terms and conditions as the original vacancy lease.  If there's no right to cancel the vacancy lease with 30-days' notice, then there's no right to cancel the renewal lease with 30-days' notice.  

: A lease generally has a commencement date and a termination date.  When you move in or move out has little to do with it, unless the original commencement date was delayed because the apartment was not available on the date specified in the vacancy lease.  However, you are obligated to pay the rent for the full term (one year or two years) of the lease.  

: Under New York law, you have a right to assign a lease, and if the landlord unreasonably refuses to consent to the assignment, you can cancel the lease.  In most cases, you also have a right to sublet the apartment, and if the landlord unreasonably refuses to consent to the sublet, you can go ahead with the sublet.  But you will probably end up in court, fighting with the landlord over whether the refusal to consent to the assignment or the sublease was unreasonable.  

: And in the unlikely case that a lease actually began on Christmas day (December 25th), it would generally end on Christmas eve (December 24th).

: :
: : So your [sic] saying, if you move in in December and you stay there two - three years (with renewal leases) that you can loose [sic] your deposit or get penalized if you decide to move out in any other month other than December??? Again Are [sic] you saying that? Oh, and the same day too. Like December 25th??? 
: : Like if you move in on the 25th of December, then you must move out on the 25th of December??? or loose [sic] your deposit, and pay for vacancy advertizing [sic]? Etc. Etc. 
: : Think about it??? 


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