Posted by TenantNet on June 17, 1996 at 18:23:52:
In Reply to: Subletting-HELP! posted by Kate Anderson on June 17, 1996 at 13:15:32:
: Where can I get a standard sublease form for NYC?
As far as I know there is no "standard" form.
: Also - our landlord has already informed us that he will not let us assign
There is nno automatic right to assignnment.
: the lease, but won't stop us from subletting - if our request to sublet is
: in exact accordance with the law. My roomate and I plan to sublet (and have
: already found 2 people), but Real Property Law says we have to
: have the intention of moving back in after we sublet. We have 8 months left
Well, of course you have that intention, don't you.
: on our lease. Is there any way to get around this?
You can sublet till the end of your lease, and then sign a new one
if you wish, but that's not really necessary. Although there is no
automatic right of assignment, courts have generally held that for a
landlord to hold you to the end of your lease if you move out early,
he has to make good faith attempts to mitigate his damages. So if you
bring to him new potential tenants that are ready, willing and able
to take over the lease, he cannot claim he was economically damaged.
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