Assignment Issue - Unreasonable Consent Refusal?

[mazinger]

Hello everyone. I would very much appreciate any input you may have on my issue with my landlord. I am sorry to have to post such a long-winded scenario below, but this ordeal has been over five months in the making.

I signed a two-year lease in June 2003 for a rent-stabilized apartment. For various reasons, I had to break the lease. I notified the management office in my apartment building in November 2003 that I intended to vacate my apartment on March 1, 2004 (five months advance notice). There would be 15 months left on the two-year lease at that point.

When I notified the management office in November 2003, I said that I would like to assign my lease to a replacement tenant so that the landlord would not be out of pocket. I was informed on multiple occasions by the management office (at least three) that it was the landlord's policy NEVER to give his consent to an assignment. The landlord would, however, entertain a sublet.

I found out that a sublet of a rent stabilized apartment requires an intention to return before the end of the lease (I had no such intention). I also discovered that the lease allows me to assign with the consent of the landlord, but if the landlord is to unreasonably refuse his consent, I may terminate my lease. I informed the management office of these facts in December 2003 and asked once again if I would be allowed to assign my lease (the answer was again no).

On the advice of a friend, I wrote a letter to the management office asking them to confirm in writing that the landlord would not give his consent to any assignment regardless of who I was to present as a replacement tenant. I received a letter in January 2004 from the LL's attorney that stated that I would be allowed to assign my lease if I were to comply with the provisions set forth in the Rent Stabilization Code and RPL 226-b.

I was able to find a replacement tenant and submitted all the paperwork (certified copy return receipt) conforming with RPL 226-b and the Rent Stabilization Code on February 20, 2004.

The LL's attorney told me that my security deposit and last months' rent deposit would need to benefit the replacement tenant as the LL didn't want to be bothered by the administrative hassle of cutting me a check. I said fine. The replacement tenant and I worked it out between us.

The LL's attorney also told me on February 26 that he didn't like my assignment form because it was arguable that I would be off-the-hook for rental payments after March 1. He informed me that my application for assignment was therefore denied. I thought that was the point of an assignment, but agreed to strike a clause that he wanted to delete in order to keep the process going.

The LL's attorney then told me on February 28 that he would like to arrange an interview with the replacement tenant because he was self employed. We agreed to arrange a telephone interview.

On the day the assignment was to take effect (March 1), the LL's attorney then dropped a BOMB. He said the landlord was entitled to a 20% increase in base rent in exchange for his consent to the assignment. Apparently Section 2525.6(e) of the Rent Stabilization Code allows them to do this. I told the lawyer that it was unfair to bring this up on the day the assignment was to take effect and if the landlord were to insist on the 20% increase, the replacement tenant would walk. The replacement tenant did indeed walk.

FYI, I spoke with the management office a week later who told me that the replacement tenant had passed the credit check and actually earned more money than me for the last two years.

I sent a letter to the management office on March 4 stating that I was terminating the lease because the landlord withheld his consent to the proposed assignment unreasonably.

The LL's attorney sent me a letter on March 10 stating that I had abandonned my application to assign but nevertheless was rejecting my request on the following grounds:

1) My refusal to agree to the rent increase (and stating that such an increase was a dealbreaker)

2) My failure to arrange for an interview with the proposed assignee (we had agreed to it, but never got the chance)

3) My failure to delete the provision the LL's attorney requested to delete (again, agreed to, but not given the chance to execute).

The LL's attorney has been calling and sending me letters saying that I am delinquent in my rental payments and saying that he is going to take me to court. To be honest, I am very afraid, but cannot believe that a judge would rule against me considering the lengths I went through to find the LL a replacement tenant. Am I right in thinking that the LL is somewhat responsible for his own damages in this case?

Can someone please give me some advice on this one? The LL's attorney has both my wife and me very worried.

Thanks for your input.

Maz