Posted by It's not your problem on December 07, 1998 at 14:18:54:
In Reply to: assigning/subletting lease posted by Christopher Arzt on December 04, 1998 at 14:59:59:
: My lease ends 9/1/98. I need to move out as of 12/15/98 (I'm moving to another apartment in NYC). I currently pay $1095 in rent. The landlord has agreed to rerent the apartment, but is asking $1495 for it.
: My question is...
: I'm worried that it may take a long time to rent at $1495. But I have a lease at $1095 through 9/1/98. What are the procedures for subletting or assigning the lease? As I understand it, I can assign the lease, subject to the landlord's consent. If they unreasonably withhold consent they must release me from the lease. Is this correct? What is "unreasonably"? What do I need to do to effect this assignment? Also, for subletting, are there restrictions on my right to sublet? Is it a problem that I am moving to a new apartment within NYC? Is it a problem that I do not intent to return to the apartment? Do you know where I can find a lawyer who specializes in this sort of thing?
: Thanks,
: Chris
When you leave a lease early the landlord will have to prove he could not rent the apt. at the rent you
were paying. That is his tough luck if he wants to ask for higher rent and can't get it. You can't sublet a
rent stabalized apt. if you don't plan on returning in at least two years.
Your landlord is a jerk, give him notice, don't pay your last months rent,
and don't tell him where you are moving. End of story. If he bothers you
sue him for harrassment.
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