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Thanks everyone for your messages. I wanted to update that a gentleman reached out to me last night via craigslist, and I have been debating it with my brother who is a lawyer (in DC - labor law - not familiar with NYC tenant laws) and we decided to request approval to assign the lease to this gentleman via e-mail to management.
It's such a crazy process because we all know NYC housing moves FAST - 30 days for management to approve/deny a request is a long time, and I am hoping that they don't actually take 30 days to approve/deny, and that I can ask housing lotto apartment to hold off on signing lease a bit longer.
Anyone have experience with that? They told me I can move in Nov 14, up to Dec 14 - I was supposed to sign lease this week but asked to push to end of next week, but I still might not have an answer on current place until much longer.
I could definitely be overthinking everything, but with all of these moving pieces, I cannot rely on hoping that everything will turn out in my favor and have to make sure to be smart about this with both buildings so that I don't get called a scrub again by a troll.
Just so you know depending upon what your LL does even if a lease is assigned to someone else, if that person fails to pay rent you can *still* be held liable for any unpaid sums.
Again do research and or at least read links posted above. You want to ensure that the LL will not only accept whoever you submit for an assigned lease, but that they also formally release you from all future obligations. Otherwise what you've got is just a deluxe version of sublet; that is you will still be held responsible for any unpaid rent for term of your lease.
Would ask your brother to make some telephone calls to find someone experienced with NYC L&T law who will work with you out of professional courtesy. Maybe if you can get a local attorney to lean hard enough on your LL he will just terminate the lease all together. Yes, know they have said "no" already; but sometimes attitudes change when a lawyer gets involved.
Thank you so much for your input, I will look into an NYC lawyer, and will keep you posted on how it turns out. I hope learning the outcome of my situation can help someone else in the future!
Good credit history is going to be needed for a rent stabilized apt. Legally landlords cant accept extra security or a few months extra. So make sure you’re vetting potential subletters.
Anyone have experience with that? They told me I can move in Nov 14, up to Dec 14 - I was supposed to sign lease this week but asked to push to end of next week, but I still might not have an answer on current place until much longer.
Careful u don't end up loosing it and then are stuck with no apt cause u rented yours out.
Have u ask what I and several people suggested, regarding offering the landlord $$$$ to break your lease?
You could get f-ed over by the person you rented to and be held reliable and end up with paying much more.
The OP can always ask the subletter to pay the whole thing or several months up front.
OP cannot "sublet" per se; because having told LL about the change of primary residence (winning lottery apartment), he or she has no intention of returning to current place once lease ends.
What she/he needs LL to agree to is an assignment of lease for remainder of term to a third party.
Assignment of the lease usually releases you from the obligation to pay rent. That's the difference between subletting and assigning.
*Ding*!
That is an incorrect answer.....
Please see links above and or read NYS RS statue; a landlord has several choices when it comes to a tenant wishing to vacate/early termination of lease.
Allow tenant to move without prejudice (break lease without holding liable for any unpaid rent)
Allow tenant to find and or do so themselves someone else to assume remaining term of lease *and* release same from all obligations (again terminate the lease).
Allow tenant or themselves find someone to assign remaining term of lease *and* still hold original tenant liable for any unpaid future rent.
It cannot be stressed enough; a lease is no different than any other legally binding contract. Unless both parties agree it cannot be terminated save terms spelled out in said document and or statute.
When tenant signs a lease they promised to pay rent for the full term. Failing to so do leaves them on the hook for any unpaid sums.
While it doesn't happen often with RS or some market rate tenants, landlords are perfectly entitled to seek judgments for any unpaid rent when a tenant is evicted for non-payment.
Same applies in this situation; tenant has contractual obligation to pay rent for a specified term. Unless or until they and LL can come to terms regarding early termination/assignment of lease, they are responsible for paying rent. If they do not then LL is entitled to bring non-payment action including seeking a judgment for unpaid rent.
That is what the LL *CAN* do; what he will do is something only he knows for now.
Back at Newport, Lefrak had the requirement that the person taking over the remainder of your lease commitment must sign his OWN lease before moving in.
I had a "middle income" deal so my rent was approximately half of market so they were happy to let me out of the lease and stay on for an extra 2 weeks gratis as well as give me back every penny of my security deposit.
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