Posted by Cranky Tenant on February 14, 2002 at 02:09:52:
In Reply to: Re: Breaking a lease posted by me again on February 13, 2002 at 11:52:17:
I'm not a lawyer but based on personal experience, when a landlord approves a sublet, and the original tenant has no intension of returning, the landlord normally gives the new "subtenant" a lease for the remainder of the period. The "subtenant" deals directly with the landlord, and the original lease, as well as your relationship with the landlord is pretty much terminated.
: : What are my right in recovering my deposit.
: : And can I sublease He didn't put any constraints reguarding subleases in my agreement as my landlord calls it.
: you've apparently rented from a landlord that isn't ready to be a landlord. some of his requests may sound reasonable, but it sounds like the apartment is not really ready for tenants, as he should have done some sound insulation prior to renting it out, but, that is probably an argument that can go on for a while.
: assuming you do try to sublease, and it is permitted by your lease, be very cautious here, screen the sub-lessee very carefully, get security deposits, etc., because you CAN NOT transfer your liability to the sub-lessee, YOU will still be responsible for any damages, etc. that THEY may cause, and the landlord will probably sue YOU, since he has no agreement with them, only you. YOU will effectively become the landlord, and hear all the problems they have with your landlord, and if they decide to NOT pay rent, you will still have to pay it anyway, and have YOUR tenants evicted, and in NYC, this is not a process for the faint of heart.
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