Assignment of Lease Question

Also, one other question -- upon an assignment of lease, can management raise the rent on the person taking over the lease? Again, I wouldn't think this is allowed.

i could be wrong but i believe the limitations you cited (eg the landlord can only reasonably refuse assignment) only applies to regulated rentals, ie rent stabilized units. anything goes in market-rate units, depending on the lease.

Hmm . . . I don't think so. Here is the law: http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Also, see here: http://www.housingnyc.com/html/resources/attygenguide.html#7

i stand corrected. still worth checking out the lease to see if the tenant waived his rights, to the extend these rights are waivable.

I'm not posting this to "correct" liulide, but rather so that everyone knows what their rights are. Under New York Real Property Law Section 226-B on the right to sublease or assign:

Any provision of a lease or rental agreement purporting to waive a provision of this section is null and void.

thanks mag. good to know, for the next two weeks, the last two weeks of my life as a renter.

mag, if the apartment is rent stabilized and the primary tenant is no longer claiming it as his primary residence and does not intend to return, he has no right to sublease or assign. this is in 226-B.

You're correct regarding rent stabilized and subleasing, but the applicable provision is not New York Real Property Law 226-B. Rather, you need to look toward 9 NYCRR 2505.7(a) and 2626.6(a).

Does anyone know if a landlord is able to charge the new tenant extra rent in return for permitting a lease assignment? I just took over someone else's lease and the landlord is charging me an additional 5% of the rent per month.

Didn't they give you a lease? What does it say?