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Posted by DK on November 20, 1998 at 00:19:16:

In Reply to: Leaving the state posted by George on November 19, 1998 at 19:53:07:

: I am considering taking a job in Calif. I have over a year on the lease of my NYC, stabilzed apt. Can I break the lease due to a career related move? I've thought about having friend sublet (who'd use my checks to pay). I can't afford the rent on both a NY and L.A. apt. At least if a friend stayed in my Ny apt., I could move back eventually. How long can someone else live in my apt. while I'm out of state?

You can sublet for two years out of a four year period, but you have to show that the apartment will remain as your primary residence while you are away. That means that you will have to show that your residence out-of-state is temporary and that you intend to return. Most argue that you have to continue paying resident New York State and New York City income taxes, although they do give you a credit for any out of state tax you have to pay on your income while you are away. If you are going to sublet, you have to follow the procedures in Real Property Law 226-b to the letter.

Real Property Law 226-b also says that if you propose to assign your lease (that is, give up your lease to someone else) and the landlord unreasonably refuses to consent to the assignment within 30 days after you have given written notice, then you are released from the remainder of your lease. Almost all landlords refuse to consent because they can get a rent increase if they rent the apartment to a new tenant, so that is often the best way to get out of a lease.

I've posted some other notes on this subject in the last month.

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Comments:
: : I am considering taking a job in Calif.  I have over a year on the lease of my NYC, stabilzed apt.  Can I break the lease due to a career related move?  I've thought about having friend sublet (who'd use my checks to pay).  I can't afford the rent on both a NY and L.A. apt.  At least if a friend stayed in my Ny apt., I could move back eventually.  How long can someone else live in my apt. while I'm out of state?

: You can sublet for two years out of a four year period, but you have to show that the apartment will remain as your primary residence while you are away. That means that you will have to show that your residence out-of-state is temporary and that you intend to return. Most argue that you have to continue paying resident New York State and New York City income taxes, although they do give you a credit for any out of state tax you have to pay on your income while you are away. If you are going to sublet, you have to follow the procedures in Real Property Law 226-b to the letter.

: Real Property Law 226-b also says that if you propose to assign your lease (that is, give up your lease to someone else) and the landlord unreasonably refuses to consent to the assignment within 30 days after you have given written notice, then you are released from the remainder of your lease. Almost all landlords refuse to consent because they can get a rent increase if they rent the apartment to a new tenant, so that is often the best way to get out of a lease. 

: I've posted some other notes on this subject in the last month.


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