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PDF Editor FAQ

What are some tips for subletting my apartment?

Best tip: Don't sublet; assign the lease instead. If your sublet tenant is acceptable to you, then he or she may also be acceptable to your landlord. If your lease allows subletting (likely with the landlord's consent) then it will also allow assignments as well (again with the landlord's consent). If you need to obtain the consent of the landlord to sublet then you might as well request consent for an assignment of the lease instead.When you sublet, you remain the tenant who is responsible for full performance of the lease terms. You also become your subtenant's landlord; an unpaid and burdensome job you surely didn't sign-up for when you rented in the first place.When you assign a lease, you have no further responsibility to the landlord because your obligations are terminated and a new person takes your place as tenant on your original lease, or a new lease is issued to that person, leaving you free to get on with your life. Best option.Also, in most cases, a prospective subtenant would prefer to have a direct lease with the landlord, and in many cases would be willing to sign a new, full-term lease instead of assuming the remaining term on your existing lease. This is really the best arrangement for all parties, including the landlord.

What are the best hacks for finding a significantly underpriced apartment in Manhattan, below 110th Street?

Instead of looking for available apartments with cheap rent, look for the tenants who are already renting them. Find someone who is in mid-term, or nearing the end of their lease, and will be moving out at the expiration of their lease. Ask them to assign (not sublet) their lease to you (usually requiring the landlord's written consent). You've just rented a cheap apartment that was never even on the market. Good luck!

In New York, can your landlord deny you the right to assign your lease to someone else without giving a reason?

Yes.If you ask a landlord for consent to assign your lease and the landlord does not respond, or denies your request without giving a reason, or does not give a valid reason, then you are entitled to be released from the lease without penalty upon 30 days’ notice.The word “reasonable” in legal statutes is deliberately vague so that only a court can ultimately decide its meaning within the context of a given matter.Here's what NYRPL 226-b(1) says:"Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant upon thirty days notice if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease."2010 New York Code :: RPP - Real Property :: :: Article 7 - (220 - 238) Landlord and Tenant :: :: 226-B - Right to sublease or assign.

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