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Posted by Mark Smith on August 19, 1999 at 18:13:01:

In Reply to: Lease Assignment or Vacancy? posted by Niels Voorhoeve on August 19, 1999 at 16:45:25:

The landlord has no obligation to consent to an assignment. Even if he unreasonably withholds consent to an assignment, the tenant's only recourse is to cancel the lease. In the very unlikely case that the landlord did consent to an assignment, you would have the right to a renewal lease when the original lease, as assigned, expires.

You would have a better chance of getting consent to a sublet. The landlord cannot unreasonably withhold consent to a sublet. If he does, the tenant can sublet, and the three parties would have to fight it out in housing court, where the judge would decide if the refusal of consent to the sublet was unreasonable. The landlord is currently entitled to a 5% surcharge for a sublet.

Of course, you and the tenant could approach the landlord about your taking over the apartment. He might consent, if you agreed to pay a vacancy allowance (18% for a one-year lease; 20% for a two-year lease). The prospect of no lost rent and no re-letting expenses might appeal to him.

: Hi,

: A friend is moving out of her apartment before the lease expires (still has
: 1.3 years left on a Jan 1, 99 2 year vacancy lease). If she broke the lease
: and I moved in as a new vacancy, would the rent go up? I suppose it was raised
: before she moved in per the rent board allowance.
: What are the chances of getting the landlord to agree to assign the lease to
: me? If he did allow it to be assigned, then I would inherit her terms, right?
: Please advise.

: Thanks,

: Niels

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Comments:
: The landlord has no obligation to consent to an assignment.  Even if he unreasonably withholds consent to an assignment, the tenant's only recourse is to cancel the lease.  In the very unlikely case that the landlord did consent to an assignment, you would have the right to a renewal lease when the original lease, as assigned, expires.

: You would have a better chance of getting consent to a sublet.  The landlord cannot unreasonably withhold consent to a sublet.  If he does, the tenant can sublet, and the three parties would have to fight it out in housing court, where the judge would decide if the refusal of consent to the sublet was unreasonable.  The landlord is currently entitled to a 5% surcharge for a sublet.

: Of course, you and the tenant could approach the landlord about your taking over the apartment.  He might consent, if you agreed to pay a vacancy allowance (18% for a one-year lease; 20% for a two-year lease).  The prospect of no lost rent and no re-letting expenses might appeal to him.


: : Hi,

: : A friend is moving out of her apartment before the lease expires (still has 
: : 1.3 years left on a Jan 1, 99 2 year vacancy lease).  If she broke the lease
: : and I moved in as a new vacancy, would the rent go up?  I suppose it was raised
: : before she moved in per the rent board allowance.  
: : What are the chances of getting the landlord to agree to assign the lease to
: : me?  If he did allow it to be assigned, then I would inherit her terms, right?
: : Please advise.

: : Thanks,

: : Niels


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