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Posted by New York Tenant on March 09, 2001 at 22:51:19:

In Reply to: taking over lease after sublet posted by acz on March 09, 2001 at 13:40:08:

Your friend could sublet the apartment to you for a full two years, even though the lease expires in 10 months. The landlord cannot unreasonably withhold its consent to the sublet.

Under the law, your friend is supposed to intend to return to the aprtment after the sublet expires.

The landlord is not required to let you take over the apartment after the sublet is over. If the landlord lets you take over the apartment, the minimum increase would be 20% for a two-year vacancy lease. It could be more if the apartment hasn't received a vacancy increase in the last eight years (0.6% per year since the last vacancy increase). The landlord might also want to further increase the rent by 1/40 of the cost of improvements that he might want to make in the apartment.

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: I am planning to sublet my friend's stablilized Brooklyn apartment which has 10 months remaining on his two year lease.

: What options will I have in so far as remaining in the apartment after his lease expires next year?

: What sorts of increases could the landlord require?

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Comments:
: Your friend could sublet the apartment to you for a full two years, even though the lease expires in 10 months.  The landlord cannot unreasonably withhold its consent to the sublet.  

: Under the law, your friend is supposed to intend to return to the aprtment after the sublet expires.  

: The landlord is not required to let you take over the apartment after the sublet is over.  If the landlord lets you take over the apartment, the minimum increase would be 20% for a two-year vacancy lease.  It could be more if the apartment hasn't received a vacancy increase in the last eight years (0.6% per year since the last vacancy increase).  The landlord might also want to further increase the rent by 1/40 of the cost of improvements that he might want to make in the apartment.  

: :
: : I am planning to sublet my friend's stablilized Brooklyn apartment which has 10 months remaining on his two year lease. 

: : What options will I have in so far as remaining in the apartment after his lease expires next year? 

: : What sorts of increases could the landlord require?


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