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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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I have a one year lease, which began April1, 2015 and ends

Customer Question

I have a one year lease, which began April1, 2015 and ends March 31, 2016. I made a request in by email to sublease my apartment and was told that management does not sublease. No other reason was provided. There is a clause in my leases which states that according to New York Real Property law 226-b that "owner may refuse to consent to a lease for for any reason or no reason, but if Owner unreasonably refuses to consent to a request for a lease assignment properly made, at your request in writing, Owner will end this lease effectively as of Thirty (30) days after your request.
My lease also states that the tenant is in Default if 1) tenant fails to carry out any agreement provision under this lease; 2) me or another occupant in the apartment behaves in an objectionable manner; 3) tenant does not take possession or move into the apartment Fifteen (15) days after the beginning of the lease or 4) tenant or other legal occupant moves out permanently before the lease ends.
I requested by email that the Owner of my apartment allows me to sublease and told that that I have an interested person. Management told me they do not sublease without giving me any reason. When management asked why I don't want to live here, I responded that there have been several incidences of roaches in my apartment and that is a condition I cannot tolerate especially since I live with my 6 year old son.
Management said they would release me from my lease, but since I would be moving out before the end of my lease I would be in default. Also, I gave 3 months security deposit and management is saying that I would forfeit 1 month, if i move out early and then would reimburse me two months, but I would be responsible for the rent until they re-rent the apartment.
This seems to go contrary to the NY Real Property law 226-b. If I am being released from my lease because management has denied my sublease request, is that considered a default. Also, should I send a certified letter requesting a sublease or does an email suffice for an appropriate request in writing according to the 226-b.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Irwin Law replied 2 years ago.

If I am being released from my lease because management has denied my sublease request, is that considered a default.

No. They are not releasing you at all. They are saying that they will keep one month of the security deposit, but they'll still charge you for the balance of the rent until they lease it to someone else. That could be until the end of the lease in March '16.

I note that they said the "management does not sublease". That isn't the same as "Management does not approve subleases" or "you cannot sublease without our prior written approval". Are you certain of that provision being in the lease? If it isn't, then you might possibly be able to sublease without their consent and there would be nothing they can do about it. There is no 100% certain answer as to what you can do under these circumstances without thinking some risk. It depends on how urgent it is for you to Move somewhere else.

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