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Re: Tenant being relocated: please advise.

Posted by DK on September 02, 1999 at 22:35:45:

In Reply to: Tenant being relocated: please advise. posted by Isaac on September 02, 1999 at 15:52:41:

An alternative to giving up your rights is to find someone to take over the balance of your lease. This is called an assignment of the lease. Real Property Law 226-b (which you can find on the website) says that you are released from the balance of your lease if the landlord unreasonably withholds consent to an assignment. That way you would be released from any further rent payments, you would be entitled to a refund of your security deposit, and you would retain all of your rights on your rent overcharge claims.

It is very important that you carefully follow the formal procedures spelled out in RPL 226-b.

Landlords virtually never consent to an assignment. So the odds are that if you find a financially stable person willing to receive the assignment, the landlord would reject it. (Moral: you can get almost anyone to sign, since the landlord would probably reject it anyway.)

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