Question on breaking a Co-Op sublease (apartments, renters, condos) - New York City - New York (NY) - City-Data Forum

Guerita · 10-08-2009, 10:52 AM

I have been renting in a co-op bldg for the last 4.5 yrs. Since it is a co-op, techinically I have a sublease. The lease is up at the end of May 2010. When I first approached my landlord he told me I had two options a) company buy out lease or b) I can have the lease re-assigned to another person (and I have a colleague interested already) and my company pay that broker fee. He was supposed to put this in writing.

When I called him back as a week had passed without receiving anything in writing, he drastically changed his tune and said only buying out the lease is an option and he no longer wants to go thru the "hassel" of renting it out, etc and would like to keep it empty and make repairs on it. He said to me "if the company wants you so badly, they have to pay."

What are my options? If it comes down to it, the company WILL pay but they want me to continue researching this. From what I found on the RBG website - I don't know if this applies to co-op's though - I can tell them that I want to reassign a lease and he has to give me a good reason not to or I read elsewhere I can write to him and say I am surrendering the keys and apt on X day and if I don't hear back with a "no" I can do that.

Thanks!

Viralmd · 10-08-2009, 10:59 AM

No, with co-ops it's strictly up to what the owner wishes and the board permits. You don't have the rights that other renters have.

mathjak107 · 10-08-2009, 11:08 AM

you can try the key surrender tactic but it has to play out just right...

this is not legal advise:

you send him a notice that you will be surrendering the keys on such and such a date. if he responds and says no you cant then basically the plan is dead.

if the day comes and you surrender the keys and they accept them un-knowingly then you win.

ny operation law says they have accepted the terms of your surrender by not answering you and refusing your surrender.

my ex wife was lucky and everything went as planned . they tried billing her for the remainder of the lease as they said they never heard of such a thing as surrendering the keys but when they consulted their legal dept they were told yep they blew it.

Guerita · 10-08-2009, 12:45 PM

Does anybody have a web site that talks about subletters laws under co-ops? Or something that states the regular rental guidelines do not apply (as the RGB does have a section on co-ops/condos but makes no distinction when talking about renters (bedised on rent stabilized/controlled apts). Thanks!

mathjak107 · 10-08-2009, 01:13 PM

maybe here

http://www.housingnyc.com/html/resou...ygenguide.html

Guerita · 10-08-2009, 02:49 PM

Thanks...I have seen this but how do I know if this stuff applies to renters (ie subletters) in co-op buildings or just in regular apartments?

mathjak107 · 10-08-2009, 03:07 PM

it applies to both on most accounts except issues pertaining to the rent controlled or stabilized rents and issues...

if your looking for breaking a lease you wont find it, a lease is a contract ....

while there are loop holes in the law that may let you wiggle through the cracks the law supports and upholds any and all legal contracts