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To sublet or not?

Posted by Gabriel on April 28, 1999 at 21:03:29:

I am in NYC and plan to move into one bedroom in a 3BR apartment, (not rent controlled or stabilized, to my understanding) to take the place of one of the three roommates. The lease has two names on it, one of whom is the person who is moving out. The third person in the apt is a landlord-approved occupant. The lease runs through 2/2000. I hope to stay in the apartment past then, and perhaps sign the lease when it is renewed. Currently, the people want me to sign a sublease with the tenant moving out. Since the tenant is not planning to return, would that be legal anyway?

From my perusal of NYState tenant's rights materials, it seems that because there are two names on the lease and one is moving out, I could move in as an occupant and then work with the landlord in 2/00 about signing the lease. This sounds like a better option to me.

One last thing, is there any free (and Internet?) resource for some generic sublease contract language?

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