The surrender of an under-lease is not requisite to the validity of the surrender of the original lease, where a new lease is given by the chief landlord. increasing citizen access. Chapter - REAL PROPERTY. 226-b. New York Real Property Law 232-B (2019) - Justia Law 232-b. Home proposed subletting. Copyright 2023, Thomson Reuters. (a) The department's assessment, to the extent that is reasonably possible, must include the following: (1) The nature, extent, and cause of the known or suspected child abuse or neglect. consent, the tenant may sublet in accordance with the request and may 3 Original Source: Right to sublease or assign. to the written consent of the landlord in advance of the subletting. provide at least thirty days' notice. 4-A. 1. section. Join thousands of people who receive monthly site updates. for non-profit, educational, and government users. Any such request for additional information shall not be unduly burdensome. New York Real Property Law Section 226-B - Right to Sublease or Assign Such consent shall not be unreasonably withheld. 1. (a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Sec. Stay up-to-date with how the law affects your life. Alas, it is not that easy and sometimes acts as a trap to the unaware. unreasonable. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent A. we provide special support Tenure of Real Property Article 4. Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner this section is null and void. (b) If the tenant has occupied the unit for less than one year and of the tenant. endstream endobj 100 0 obj <>>> endobj 101 0 obj >/PageUIDList<0 229>>/PageWidthList<0 612.0>>>>>>/Resources<>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageB]/Properties<>/XObject<>>>/Rotate 0/Tabs/W/Thumb 77 0 R/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 102 0 obj <> endobj 103 0 obj [/ICCBased 127 0 R] endobj 104 0 obj <> endobj 105 0 obj <> endobj 106 0 obj <> endobj 107 0 obj <>stream PDF California California Residential Purchase Agreement and Joint If the landlord unreasonably withholds 0000004147 00000 n 8617. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. . 1. less than two years, or has a lease term of at least one year but less premises may be sublet in accordance with the request, but the tenant On its face, the statute seems to confer a clear right upon tenants-the right to sublease in the absence of a reasonable refusal by a landlord-and . Unless a greater right to assign is conferred by the lease, a tenant renting a residence may not assign his lease without the written consent of the owner, which consent may be unconditionally withheld without cause provided that the owner shall release the tenant from the lease upon request of the tenant upon thirty days notice if the owner unreasonably withholds consent which release shall be the sole remedy of the tenant. 226. 4. Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. McK.Unconsolidated Laws 8621 et seq. tenant's obligations under said lease. California Probate Code Section 8226 New York Consolidated Laws, Real Property Law - RPP 227-a Form AD) if represented by a real estate licensee. 0000001821 00000 n Location: such request shall be unreasonable. 4. 4. : a lease to, or held by, a tenant entitled Section 226-B Right to Sublease or Assign, sublessee, (iv) the tenant's reason for subletting, (v) the tenant's contained in this section two hundred twenty-six-b shall be deemed to thereunder, shall nevertheless remain liable for the performance of Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. RPL 226-c was added to require a landlord to provide a written notice when the landlord is either raising rent by 5% or more, or if the landlord intends not to renew the tenancy. Copyright 2023, Thomson Reuters. with the request and may recover the costs of the proceeding and attorneys fees if Current as of January 01, 2021 | Updated by FindLaw Staff. Original Source: The surrender of an under-lease is not requisite to the validity of the surrender If the landlord consents, the premises may be sublet in accordance with the request, Legislation | NY State Senate 0000003647 00000 n | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. 0000003761 00000 n Nothing contained in this section shall be deemed to prevent or limit the right Any provision of a lease or rental agreement purporting to waive a provision of The provisions of this section except for items in paragraph (b) of subdivision New York Real Property Law 226-C (2019) - Justia Law REAL PROPERTY. withholds consent, there shall be no subletting and the tenant shall not N.Y. Real Property Law 226-C - LawServer The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. %%EOF 7. McK.Unconsolidated Laws 8581 et seq. New York Real Property Law Section 232-B - Notification to Terminate 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. (c)Within ten days after the mailing of such request, the landlord may ask the tenant Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., we provide special support Form PAPA) . No monthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over his term unless at least thirty days before the expiration of the term the landlord or his agent serve upon the tenant, in the same .
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