July 2003 



Source: Tenants Rights Guide (New York State)

Sub-letting and assignment: methods of transferring the Tenant's legal interest to another person: transfers LESS than the Tenant's entire interest: assignment transfers ENTIRE interest. A Tenant's right to assign the Lease is much more restricted than the right to sublet.

A Tenant may NOT assign the Lease WITHOUT the Landlord's written consent. The Landlord may withhold consent WITHOUT cause. If the Landlord reasonably refuses consent, the Tenant CANNOT assign and is NOT entitled to be released from the Lease. IF the Landlord unreasonably refuses consent, the Tenant is entitled to be released from the Lease after 30 days notice.

(Crossett R.E. Services suggest notice be WRITTEN)

Lease succession rights: Family members living in an apartment NOT covered by rent control or rent stabilization generally have no right to succeed a Tenant who dies or permanently vacates the premises. The rights of a "family member" living in a rent controlled or rent stabilized unit to succeed a Tenant of record who dies or permanently vacates ARE covered by DHCR Regulations.

(Family member definitions next month August 2003)


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This web page was updated on 07/01/2003.