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Posted by michelle on September 11, 1997 at 19:29:56:

In Reply to: vacating before lease termination posted by Joan Friedman on September 11, 1997 at 11:02:12:

: Strange problem to have in this market, but...at the end of July I gave notice to my landlord that I would be vacating in mid-September. My lease doesn't expire till Feb. 1. I understand that I am still liable for the rent, but isn't there a requirement in NY that the landlord make a good faith effort to rerent? The landlord said they would show the apartment and I have been completely available, but nothing has happened in all this time except for two or three people coming to look. What the landlord has done is to raise the rent 25% (this is non stabilized) to a rent that is clearly above market for the building. They have not advertised it, but have placed it on their vacancy list (they manage 40 buildings in the city). Clearly what is happening is that they are hoping to find someone to pay the new rent but are willing to wait until my lease runs out. If they don't find someone by then, they will likely drop the rent. Thus, I am being screwed. What do you advise? Should I try to sublet?

I remember reading somewhere that the landlord may not "unreasonably" deny
your petition to sublet, and that if s/he does deny your petition, s/he
must let you out of the lease. You might try bringing prospective tenants
to the landlord, either as prospective subletters or as new tenants.

Good luck!

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Comments:
: : Strange problem to have in this market, but...at the end of July I gave notice to my landlord that I would be vacating in mid-September. My lease doesn't expire till Feb. 1. I understand that I am still liable for the rent, but isn't there a requirement in NY that the landlord make a good faith effort to rerent? The landlord said they would show the apartment and I have been completely available, but nothing has happened in all this time except for two or three people coming to look. What the landlord has done is to raise the rent 25% (this is non stabilized) to a rent that is clearly above market for the building. They have not advertised it, but have placed it on their vacancy list (they manage 40 buildings in the city). Clearly what is happening is that they are hoping to find someone to pay the new rent but are willing to wait until my lease runs out. If they don't find someone by then, they will likely drop the rent. Thus, I am being screwed. What do you advise? Should I try to sublet? 

: I remember reading somewhere that the landlord may not "unreasonably" deny
: your petition to sublet, and that if s/he does deny your petition, s/he
: must let you out of the lease.  You might try bringing prospective tenants
: to the landlord, either as prospective subletters or as new tenants.

: Good luck!


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