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Posted by Provost on October 19, 2001 at 19:54:24:

In Reply to: Re: legal advice..you shouldda kept your mouth shut. posted by don on October 19, 2001 at 18:14:56:

A rent stabilized lease is not "gold," like any other lease, it is an obligation to pay monthly rent! Yes if you're moving away you can sublet (for up to 2 years), but you are still obligated to pay rent, and you cannot charge the sub-tenant any more than you pay. Essentially you're turning yourself into a landlord with all the responsibilities and none of the benefits.

The real question in this case seems to be return of the security deposit. The answer? Ask the landlord to write you a letter releasing you from the lease on whatever date you intend to move. Lease formally over, security deposit must be returned, less any charges for damages.

Follow Ups:

• Re: Incorrect ...not quite... don 10/19/01 (0)

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Comments:
: A rent stabilized lease is not "gold," like any other lease, it is an obligation to pay monthly rent!  Yes if you're moving away you can sublet (for up to 2 years), but you are still obligated to pay rent, and you cannot charge the sub-tenant any more than you pay.  Essentially you're turning yourself into a landlord with all the responsibilities and none of the benefits.

: The real question in this case seems to be return of the security deposit.  The answer?  Ask the landlord to write you a letter releasing you from the lease on whatever date you intend to move.  Lease formally over, security deposit must be returned, less any charges for damages.


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