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The lack of information can cost you -- AND YOU LACK IT

Posted by Mark Smith on August 07, 2000 at 23:47:57:

In Reply to: The lack of information can cost you. posted by Jasper on August 07, 2000 at 23:00:41:

I've stopped counting the number of different names this guy has used, but this is another one. And he is again giving out incorrect information. But at least he dug out his old dictionary from high school to improve his spelling.

What he seems to be confusing is renewal leases under rent stabilzation and a situation common with unregulated apartments and houses. For unregulated units, when the original lease expires and there is no renewal lease, the tenancy becomes month-to-month, and a tenant (or a landlord) in New York City can end the tenancy by giving 30-days' written notice. In the rest of the state, a one-month's notice (verbal or written) can be given by either party to end the tenancy.

Real Property Law §226-b provides for assignment or subletting so that residential tenants can get out of a lease, with the reasonable consent of the landlord to the assignment or subletting. But what is reasonable can often lead to a long and expensive court case.

In the case of a proposed sublet, the prospective sub-tenant may not go through with the sublet because he or she would be subject to eviction if the court finds that the landlord's refusal to consent to the sublet was reasonable. Landlords frequently challenge a tenant's claim that he or she will return to the apartment at the end of the proposed sublease.

Unlike many other states, New York doesn't require a landlord to mitigate damages when a tenant leaves before the expiration of a lease. This certainly applies to commercial tenants, and court cases are conflicting about whether a residential landlord has a duty to mitigate damages.

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