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Re: Breaking a Lease or Subletting

Posted by Dawn on February 16, 2001 at 16:46:57:

In Reply to: Breaking a Lease or Subletting posted by Kay on February 15, 2001 at 14:51:40:

Have you expressed this noise situation in writing, via certified letter or Fed Ex with record of receipt for yourself to your LL? Just wondering what LL had to say about it and/or what was done. You do have a right to a peaceful home.

If you were a month to month tenant, all you would have had to do is give a full 30 days notice. With a lease, it's a little different. You could give notice, give possibly two or three months' notice, but it's not without its drawbacks. You may have to, in essence, pay your way out. Meaning, the LL will have the point of how is he/she going to find someone to replace you? It will take time and money to place the ad, check on references, show the place, etc. In turn, it may work in your favor to already have someone reliable for him lined up to take your place -- it'll give LL less of an excuse to hold back any monies or charge additional rent to cover any inconvenience to him.

If you decide to sublet you must talk to the LL. there may be a slight increase involved (check DCHR website) towards your subletting to someone else and you can pass this cost along to the person subletting from you. Get everything in writing, whether between you and the LL, or you and the sublet, writing out what are the rules, what was verbally discussed, and asking if this is how this conversation should be understood. If LL does not respond, then it's implied LL agrees, and that legal document becomes what's called a "letter of understanding". Keep copies of all documents and correspondence under lock and key in a bank safety deposit box.

Are you rent stabilized? Where do you live, New York City or State? Check your lease for any loopholes.

: I recently signed a 1 year lease ending January 31, 2002 for a new apartment. I am a 9 to 5er, and I've just realized I've moved into a building completely occupied by 20 year old party animals who come stomping home at 3,4,5, and 6 am, seven days a week, and blast rock music at all hours. Sleeping, for me, is therefore unreliable, at best. I get woken up at all hours, or can't get to sleep because of the noise. I can't come in there and tell the whole building to be quiet, so I will have to move.

: Is it fairly easy to get out of a lease in NYC, especially considering how easily rents can be raised when an occupant leaves? Alternately, do most landlords permit subletting in NYC?

: Kay

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