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Posted by Mark Smith on June 07, 1999 at 00:08:37:

In Reply to: breaking my lease posted by Anna on June 06, 1999 at 22:34:55:

First, let's make it clear that you are not the Anna who regularly posts to this forum. She would never give her real e-mail address -- or use AOL, and she would never leave her co-op.

You don't tell us your rent regulated status. You say you live in a rent controlled building. Buildings are not rent controlled or rent stabilized -- apartments are. I'll assume that your apartment is rent stabilized or unregulated, in a building with four or more units.

Under the assignment/subletting law [Real Property Law §226-b], you can offer to assign your lease to someone. If the landlord unreasonably withholds consent, you can be released from the lease, but you would have to fight the issue in court. If you win, the landlord would probably be liable for your attorneys' fees. This process could take 30 days, even before the case goes to court.

I don't think subletting would be an option, because you will not be returning to your apartment afterwards. Is this guy that you're marrying really worth your giving up a rent stabilized apartment?

As a practical matter, there is little that the landlord can do in the short term. But will the landlord chase you in another state for lost rent money? Will this appear on a credit report?

: I have lived in the same rent controlled building for five years. I am getting married in July and must break my lease as I will be relocating to another state to join my husband. my landlord says i must find another tenant for my apartment - I think they're taking advantage of me. As long as I've given them 30 days notice, what can they do to me? Help, please, this is sucking the joy out of my upcoming nuptials.

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Comments:
: First, let's make it clear that you are not the Anna who regularly posts to this forum.  She would never give her real e-mail address -- or use AOL, and she would never leave her co-op.

: You don't tell us your rent regulated status.  You say you live in a rent controlled building.  Buildings are not rent controlled or rent stabilized -- apartments are.  I'll assume that your apartment is rent stabilized or unregulated, in a building with four or more units.
:  
: Under the assignment/subletting law [Real Property Law §226-b], you can offer to assign your lease to someone.  If the landlord unreasonably withholds consent, you can be released from the lease, but you would have to fight the issue in court.  If you win, the landlord would probably be liable for your attorneys' fees.  This process could take 30 days, even before the case goes to court.  

: I don't think subletting would be an option, because you will not be returning to your apartment afterwards.  Is this guy that you're marrying really worth your giving up a rent stabilized apartment?

: As a practical matter, there is little that the landlord can do in the short term.  But will the landlord chase you in another state for lost rent money?  Will this appear on a credit report?


: : I have lived in the same rent controlled building for five years.  I am getting married in July and must break my lease as I will be relocating to another state to join my husband.  my landlord says i must find another tenant for my apartment - I think they're taking advantage of me.  As long as I've given them 30 days notice, what can they do to me?  Help, please, this is sucking the joy out of my upcoming nuptials.


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