Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

I want to transfer/assign my lease in my current apartment

Customer Question
to another person. I put...
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: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
8/12/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,955
Experience: Attorney
Verified
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.
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years 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
Lawyer: Ely, Counselor at Law replied 2 years 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.
Ask Your Own Landlord-Tenant Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102,955
102,955 Satisfied Customers
Experience: Attorney

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

102,955 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I fell on black ice in the building where I reside. The fall
I fell on black ice in the building where I reside. The fall caused me to get my knee replced. The case has been settled, and I should receive around 27,000. If I lose my Section 8 because of this , t… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,303 satisfied customers
Esq. - This is a question regarding heat requirements in my
Dear Lucy, Esq. -This is a question regarding heat requirements in my two rental units.I live in San Francisco, CA. I live in a single-family home. I have a renter downstairs in a downstairs studio. A… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm looking for a clear understanding of what is owed as a
I'm looking for a clear understanding of what is owed as a duty of care regarding maintenance, security issues etc. in a large retirement community in Loveland Colo. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
Pennsylvania landlord tenant evection question. It's taking
Pennsylvania landlord tenant evection question. It's taking me to appeals court. Can I represent myself? What do I need to do to respond?… read more
Lori
Lori
Juris Doctor
318 satisfied customers
People upstairs from me make an incredible amount of noise.
People upstairs from me make an incredible amount of noise . i complained to the leasing office more than 5 times but nothing happens. this is a luxury apartment building and i am paying a lot and fee… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Have a porters apt in my apt community. I would like to have
Have a porters apt in my apt community. I would like to have it occupied and have tenant clean laundry rooms in public areas for free rent in ct. is that legal? If so? What happens if they get injured… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,700 satisfied customers
How do i file a complaint against a Calfornia attorney who I
how do i file a complaint against a Calfornia attorney who I believe failed to meet the code of ethics?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I have accepted a new job in PA. My Landlord in IL is giving
I have accepted a new job in PA. My Landlord in IL is giving me a hard time about my lease and won't let me break it? I need to move is there anything I can do?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I am having issues with landlord retaliation. Michigan.
Yes issues with maintenance. When I requested repair the Lanlord became upset and now wants me to leave without giving me my security deposit. I have been residing at the house for less than 30 days. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My son and his girlfriend are looking for an apartment in
My son and his girlfriend are looking for an apartment in Tucson, Az. They are being denied because of criminal history for my son, and credit with criminal history for his girlfriend. My son had some… read more
Ely
Ely
Counselor at Law
102,955 satisfied customers
A California lawyer, representing my landlord, has been
A California lawyer, representing my landlord, has been trying to increase my rent a few times. My apartment is subject to the Los Angeles Rent Control Ordinance (RSO), and his rent increase notices h… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I'm a Los Angeles based building manager needing to serve a
I'm a Los Angeles based building manager needing to serve a 3-day notice to a tenant who has not paid rent. Does the 3 days include today's date or do I start counting the 3 days starting tomorrow? On… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I live in Tennessee the house I rent is being put up for
I live in Tennessee the house I rent is being put up for sale and my question is can I not allow the realtor to take pictures of the inside of the house while I am a resident … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,334 satisfied customers
Broeker I talk to you the other day about a landlord tenant
Hello this is Steven broeker I talk to you the other day about a landlord tenant question the tenants are brother came and look through all the stuff and didn't even want any of it gave me forty bucks… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I want to know if I have a legal case. I hired a property
I want to know if I have a legal case. I hired a property management company to handle my property. I gave them notice in Nov. that I wanted to terminate the agreement. The tenants lease ends on Jan 3… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
There is no rent-control for single house In San, CA. If the
There is no rent-control for single house In San Jose, CA. If the lease will be end on 2/28/2018, can the landlord increase the rent from current $2350/m to $3000/m from 3/1/2018 ? The market rent is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My son (who had a kidney transplant in March 17) moved in
My son (who had a kidney transplant in March 17) moved in with his friend (female lesbian) who asked him to move in. She now wants him out so her gf can move in. He's been looking but due to poor cred… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
Is it legal in the State of Maine to deliver a 7 day notice
Is it legal in the State of Maine to deliver a 7 day notice to vacate via email or USPS certified mail? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x