Monmouth Junction, NJ asked in Real Estate Law and Landlord - Tenant for New York

Q: I need to assign my lease; my request was denied and I'm not sure if it qualifies as "unreasonable" per tenant rights.

I submitted a request to assign my lease (one-year lease ending on August 31st). My reason for request is that I have to leave the state for a job, and cannot continue living in the apartment and paying rent for the remaining months. I have not had any issues paying rent in a timely manner (or any issues fulfilling lease obligations). I confirmed in my initial request that I would promptly find a reliable tenant to take over my lease (and I actually independently found one, but did not get to the stage to present them to management, because my request was denied upfront). Their reason for denial was: "your lease is a free market lease and that are within their right to deny the request". My main question is: when I look into NY tenants rights, it said that in the event of an "unreasonable" denial of my request, I can be released from my lease obligation within 30 days. Does the decision constitute "unreasonable" denial, and how do I go about letting them know / opposing it? Thank you!!

1 Lawyer Answer
Jack Mevorach
Jack Mevorach
Answered
  • Cedarhurst, NY
  • Licensed in New York

A: This issue usually presents itself in the context of a rent stabilized tenancy. It appears that your first choice is to temporarily sublet and then, if that's not possible, terminate early. Am I correct?

Jack

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