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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99981
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I want to transfer/assign my lease in my current apartment

Customer Question

I want to transfer/assign my lease in my current apartment to another person. I put up an ad to rent the apartment and have what I think is a qualified tenant. How do I present this to the landlord? How long does the landlord have to respond? How long
could this process take? I understand I might have to pay 2 rents, but am trying to avoid that.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
1) You must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting. Your request must contain the following:
-the term of the sublease
-the name of the proposed sublessee
-the business and permanent home address of the proposed sublessee
-the reason for the sublet request
-your address for the term of the sublease
-written consent from any co-tenant or guarantor on the lease
a copy of the proposed sublease (along with a copy of your lease, if available) acknowledged by the tenant and subtenant as a true copy of the sublease
The landlord has ten days to ask for additional information which you must provide so long as the request is not unduly burdensome. If the landlord fails to respond to the sublet request within 30 days, then a failure to respond is deemed consent. If the landlord unreasonably withholds consent the tenant may proceed with the sublet. If the owner commences a legal action challenging the sublet and the tenant prevails in demonstrating that the withholding of approval was unreasonable or that the landlord acted in bad faith, the tenant may recover his or her attorney's fees.
The owner is also entitled to charge you a sublet allowance (10% in recent years, but click here for the current rent guidelines) effective with the commencement of the sublet, and which is rescinded once the subtenancy ends and the prime tenant returns. You may pass this sublet allowance along to the subtenant plus up to an additional 10% (at the prime tenant's discretion) if the unit is furnished.
2) See above. Generally, thirty days.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.
Hi,We are not trying to sublet, but rather fully assign the lease itself over to a new person. I've read that this is legal in NYC. Can you provide information towards that? What information do we present to the landlord in this case?Thanks,
John
Expert:  Ely replied 1 year ago.
Ah, my apologies.
In NYC, unless the contract disallows it, then an assignment is allowed. The landlord can refuse to do so, but if their refusal is unreasonable they must release you from the lease in thirty days upon your request.
Now, what is and what is NOT reasonable in terms of refusal is up to the Court to decide.
The rest of the answer for the assignment functions pretty much the same way as the original answer.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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