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Subleasees do have rights!!

Posted by V James on January 11, 1999 at 18:35:40:

In Reply to: Re: 10 day notice to evacuate premises posted by John E. Marre on January 11, 1999 at 00:31:01:

Needless to say when I read your posting I was extremely disheartened. I set up a consultation with a team of attorneys that I could barely afford, and set out on net-wide sweep of housing sites to see if I could come up with anything, and Voila' I did:

Tenants with leases who live in buildings with four or more apartments have the right to sublet with the landlord's advance consent. The landlord cannot unreasonably withhold consent. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease. If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet and the landlord is not required to release the tenant from the lease. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet. If a lawsuit results, the tenant may recover court costs and attorney's fees if a judge rules that the landlord denied the sublet in bad faith.

This is an excerpt from "The Residential Landlord/Tenant Guide" distributed by the Office of the New York State Attorney General Office.

I am pursuing this matter full steam ahead, I don't have money or time to waste moving all over the countryside just because someone that I never even see or speak with decides- for whatever reason - that they don't like me so I can't live near them. This is New York, and life is tough!!

: In the case of co-op and condo rentals, it can be very difficult to keep your apartment if the board wants you out... for whatever reason they may have. In co-ops, it is most difficult. In condos, less, but still a challenge.
: From personal experience, I would suggest beginning to find a more suitable and stable living space. Meanwhile, you could try bringing a case to the housing court and try to get yourself more time.
: Please, keep the forum informed as you can. This isn't as rare a case as you might think.

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