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Re: Lilly is correct; Gwen and - are wrong

Posted by New York Tenant on August 02, 2001 at 08:46:35:

In Reply to: Lilly: Not entirely correct posted by - on August 01, 2001 at 20:45:54:

The sublessee doesn't want to break the sublease. It's Gwen who doesn't want a second person in the apartment, despite the sublessee's right to have a roommate (RPL 235-f), and Gwen has asked the sublessee to move. The sublessee could ignore Gwen and remain in the apartment with his roommate. If Gwen wants the sublessee to move and he agrees to move, the sublessee should be able to move without any penalty.

: While Lilly is correct about the Roommate law, Gwen is referring to the fact that the sublessee wants to break the lease and move out. This is a violation of the lease, and Gwen, as sublessor, would be entitled to demand rent for the entire term of the lease agreement if she wished to.

: Gwen's proposal is good. It is rarely worthwhile to try to to force someone to stay who doesn't want to or to take such a dispute to court.

: : Your sublessee didn't violate her lease- You can't restrict occupancy to only the person named on the lease. Real Property Law 235-f (aka the roommate law) Anything in the lease which restricts occupancy to only the person named on the lease is not enforceable....You should know that by now!

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