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Q about terminating a sublease

Started by skulk
almost 13 years ago
Posts: 1
Member since: Aug 2007
Discussion about
Hi, I rented an co-op studio a year back by signing a 2 year lease. As it happens, I now need to 'cancel'/'terminate' the lease to move to another city. However, I went through the agreement and could not find any clause regarding early termination. I was wondering what the usual or the legal requirement was in terms of notice period. Also, by any chance is it possible that I won't be able to terminate the lease early? Btw, I signed as the undertenant and the landlord was the overtenant, I figured thats because its a co-op. Thank you.
Response by briguynyc
almost 13 years ago
Posts: 47
Member since: Sep 2006

See http://www.streeteasy.com/nyc/talk/discussion/2845-pls-help-me-understand-evictionsrisks

If there are no termination clauses, it is because you cannot terminate. It is not contemplated by the lease which is essentially a type of contract. Work something out with the overtenant to avoid the uncertainty, headache and cost of litigation, damage to your credit score, and ability to ever rent again.

Search other posts as this question has been asked a couple of times recently.

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Response by Mel
almost 13 years ago
Posts: 126
Member since: Jan 2008

This question has been asked and answered several times. Only thing I have to add is that Real Property Law 226-b, which as I and others have mentioned, provides the statutory scheme for subletting or being released from a lease, does not apply to co-op apts like yours.

Try to sublet.

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Response by realestatejunkie
almost 13 years ago
Posts: 259
Member since: Oct 2006

A third degree sublet...good luck.

I would offer the prime tenant a buyout. Perhaps for two months rent they may be willing to let you out of your lease.

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Response by leasinglawyer
almost 13 years ago
Posts: 39
Member since: Oct 2007

Did the prime tenant obtain consent from the landlord?

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Response by Mel
almost 13 years ago
Posts: 126
Member since: Jan 2008

Interesting question, leasinglawyer. I see where you're going.

There may be some confusion re whether skulk himself is a sublessee, or whether the over/undertenant language in the lease is just the "overtenant's" misuse of legal jargon.

So, skulk - are you subleasing your apt, or did you rent it directly from the owner?

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Response by leasinglawyer
almost 13 years ago
Posts: 39
Member since: Oct 2007

Mel: It seems to me that, even if this is not a sub-sublease (I have seen sub-sub-sub-subleases in the commercial context) this is a coop and as such, the owner would be the tenant/sublessor and the coop would be the overlandlord. If the tenant/sublessor did not obtain consent (at any level) to the subletting, skulk may have some leverage.

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Response by realestatejunkie
almost 13 years ago
Posts: 259
Member since: Oct 2006

The way I read it...

Coop = Landlord
Shareholder = Tenant
Skulk = Sub Tenant or Skulk = screwed

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Response by spunky
almost 13 years ago
Posts: 1627
Member since: Jan 2007

Aboutready should be able to advise us on this one. Aboutready what do you think?

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