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I have a question in regard to real estate/a sublease in New York, New York (zip code 10026). The background: My daugther signed a lease dated 5/22/2009-5/31/2010. She is subleasing 1 bedroom of a converted 1 bedroom (meaning the living room of a 1 bedroom) from the tenant. As of 9/24/2009, she was informed the tenant, who is her roommate will be vacating the apartment at the end of October 2009 and that the original lease ends October 31, 2009. The tenant has stated she would sublease her portion of the apartment but changed her mind and spoke with the landlord. The landlord has stated that my daughter can take over the full lease and sign a new (tenant lease) agreement. Note that my daughter pays $950 per month - half the rent - as she was originally told. She has been informed the tenant pays $650, so the rent is not split equally and my daughter was misinformed. The questions: Is the tenant breaking the sub lease agreement and can my daughter proceed with finding another apartment
State/Country relating to Question: New York Already Tried: My daughter has spoken with the tenant in regard to the issue and is working toward verifying her options. She does not want to be responsible for the whole apartment/lease, nor can she afford it.
I am a NY attorney. If there is a sublease, it has to be honored by both sides. The tenant/sublessor cannot sublet at all or sublet for a profit if her lease does not permit or landlord does not consent. From what you mention, she can and should seek to negotiate lease with the landlord.
Attorney
Licensed attorney helping individuals and businesses
The tenant has informed my daughter, she will be moving and will not be renewing her lease. The Master Lease ends at the end of October 2009. The sublease ends May of 2010. The dates do not jibe. If the tenant moves out and does not renew her lease, my daughter has been told she will need to sign a new lease and she will be responsible for the Master Lease and finding a subleasor. She does not want, nor can she afford this responsibility. I want to know her rights. What can she do other than not signing a new lease (thus lowering her rent if she can find a subleasor) and continuing to pay the assigned rent until the sublease ends. What are her rights? Will the be breaking the sublease? Is the sublease valid if the Master Lease has expired? Thank you.
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