Right to Sublet?
Do I have a right to sublet if I am in a non rent stablized/non rent controlled apartment? Our lease has a no sublet clause, which I thought was void under a real property law that states the landlord only has a right to reasonable refusal upon notice. Does this apply even to small brownstone…
Do I have a right to sublet if I am in a non rent stablized/non rent controlled apartment?
Our lease has a no sublet clause, which I thought was void under a real property law that states the landlord only has a right to reasonable refusal upon notice. Does this apply even to small brownstone apartments? We are being pressured to sign our renewal lease 2 mos ahead of its expiration date (which is fine) and because we have been thinking about buying signing up for another year makes us nervous. Landlord is not open to a shorter time frame lease. We probably won’t go the sublet route but want to know our options. He also raised our rent, which seems unreasonable in this economy, but not enough that we feel like fighting about that issue.
verovee
I’m pretty sure there’s a law (maybe only for stabilized tenants?) that your landlord has to let you out of your lease if you find a “reasonable” replacement willing to take over the lease and s/he rejects them. It wouldn’t be a “sublet” — they’d sign a new lease.
The law has a lot to say about reasons a landlord can (or mostly can’t) turn down a prospective tenant.
-Amanda
Shop around for a better deal. Rents are going down way down! If you are getting a rent increase in these times and stressing over it then you are really a sadist. Do you really want to live in a home with a dictator landlord? It is a renters market get your bunns out the door and look around.
Your story seems really strange to me. I’m a LL of a similar building and always let the SO move in. Even if it means a 2 bedroom apt is occupied by three people for awhile the couple always moves out in about six months. Still you should have said something first just out of courtesy.
Also keep in mind not all small LL’s really know what they are doing
nah, he pretty much lives here now (he’s already in the neighborhood), and I live alone in a pretty sizable 1.5 bdrm. We’re quiet, and don’t bother him with repairs, etc, just take care of those things myself. I’m particularly annoyed that I wasn’t given a lease from the outset, because legally, if I had a lease, I’m allowed to have a SO or relative move in without the terms of hte lease changing. Also, its crazy ’cause a couple lived in the apt before me! I think he sees it as, well, two people live there now, so you can pay more.
Another question. Do you already have a room mate? He may not weant a third person in the unit.
Also he may be concerned about him staying and you going. He may be concerned about alot of other things as well. Did you ask him first, or did you just do it.
Does your landlord dislike your boyfriend? Seriously, I have never heard of a LL balking like that when an SO moves in.
Besides that as a month to month renter you do have the right to 30 days notice for rent hikes and evicts.
on a related note: my landlord neglected to give me a new lease when mine was up in october. when paying my feb rent, i told him my boyfriend is moving in, and suddenly he is coming up with a new lease, and a $300/month increase on the rent. its less than a month’s warning of the price hike, and i’m in a similar position as verovee: looking to buy a place, but acknowledge it’ll take a few months to find the right apt and then close, so am worried about signing another one-year lease.
is there anything anywhere about how much notice a landlord must give about a rent increase upon renewal of a lease? its now feb 10, and i don’t have a copy of hte new lease in hand– do i need to pay the increased price for march? i know, i know, this site is about buyers, but maybe owners who rent out apts (my landlord lives in the building) have a notion?
no the landlord is under no obligation to try to rerent or to rerent the apartment. I know its stupid but that is the law in NY….
Short answer is no, you are not permitted to sublet the apartment if your lease that you signed says you cannot do so. The risk you run is that if you wanted out of the lease prior to expiration of the term, and the landlord had difficulty finding a tenant, you could be on the hook for the remainder of the lease term, less any rents that landlord ended up getting from a new tenant (once found) for the remainder of the original term. Most landlords are not going to stick you like that, especially if you give them as much advanced notice as possible that you wish to break the lease.