I've been living in new york city for about 8 months and I recently moved within the city and found someone to take over my lease. The leasing company is really odd in that they're tied very closely with a realtor who does all of their paper work for them (leases, collecting deposits, etc...). So when I moved out they tried to get me to pay fee to transfer over the lease (when in actuallity they signed the new person to a completely new lease for another year). I am refusing to pay the fee now because I'm already out and he's already in and they really have no control over either of us to make us pay the fee and also because there's nothing in the lease that said I had to pay a fee. Anyways, I just wanted to ask you wonderful people if I'm right. The fee is $300 by the way.

1/19/2006 7:05:52 PM

pay the $300 and stop being el-cheapo.

1/19/2006 7:18:49 PM

talk to a lawyer.

[Edited on January 19, 2006 at 7:32 PM. Reason : if it's not written down in the lease, then it's not valid.]

1/19/2006 7:31:40 PM

$1200 a month and they're still trying to squeeze more out of you?

thats city life for ya, big guy. you know you miss denver.

1/19/2006 8:00:40 PM

Quote :

"if it's not written down in the lease, then it's not valid"

Read whatever papers you signed and whatever papers the person taking over yoru lease signed. If it isn't listed, they can have fun trying to go after you. If it is listed, they WILL go after you.

1/19/2006 11:32:03 PM

even if it's written down, that doesn't mean it's legal. You have renters rights that superseded whatever BS they think they can get away with.

1/20/2006 12:05:43 AM

like they said, make sure there's nothing in writing about it.

If you're wrong, they could ruin your credit over this. And we all know, no credit = no fun.

1/20/2006 9:38:20 AM

http://www.megalaw.com/ny/top/nylandlord.php

Check this site out.

Landlord/tenant law I've read before has never really mentioned this...but I've only studied South Carolina law and every state is different.

1/20/2006 10:27:11 AM

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

This link is better actually.

1/20/2006 10:28:43 AM

Quote :

"SUBLETTING OR ASSIGNING LEASES Subletting and assignment are methods of transferring the tenant's legal interest in an apartment to another person. A sublet transfers less than the tenant's entire interest while an assignment transfers the entire interest. A tenant's right to assign the lease is much more restricted than the right to sublet. A tenant may not assign the lease without the landlord's written consent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the lease. If the landlord unreasonably refuses consent, the tenant is entitled to be released from the lease after 30 days notice. Tenants with leases who live in buildings with four or more apartments have the right to sublet with the landlord's advance consent. The landlord cannot unreasonably withhold consent. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease. If the landlord denies the sublet on reasonable grounds, the tenant cannot sublet and the landlord is not required to release the tenant from the lease. If the landlord denies the sublet on unreasonable grounds, the tenant may sublet. If a lawsuit results, the tenant may recover court costs and attorney's fees if a judge rules that the landlord denied the sublet in bad faith. These steps must be followed by tenants wishing to sublet: 1) The tenant must send a written request to the landlord by certified mail, return-receipt requested. The request must contain the following information: (a) the length of the sublease; (b) the name, home and business address of the proposed subtenant; (c) the reason for subletting; (d) the tenant's address during the sublet; (e) the written consent of any co-tenant or guarantor; (f) a copy of the proposed sublease together with a copy of the tenant's own lease, if available. 2) Within 10 days after the mailing of this request, the landlord may ask the tenant for additional information to help make a decision. Any request for additional information may not be unduly burdensome. 3) Within 30 days after the mailing of the tenant's request to sublet or the additional information requested by the landlord, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. A landlord's failure to send this written notice is considered consent to sublet. 4) A sublet or assignment which does not comply with the law may be grounds for eviction. In addition to these sublet rules, there are additional requirements limited to rent stabilized tenants. These rules include the following: - The rent charged to the subtenant cannot exceed the stabilized rent plus a 10% surcharge payable to the tenant for a furnished sublet. Additionally, the stabilized rent payable to the owner, effective upon the date of subletting, may be increased by a "sublet allowance" equal to the vacancy allowance then in effect. A subtenant who is overcharged may file a complaint with DHCR or may sue the prime tenant in court to recover any overcharge plus treble damages, interest, and attorneys' fees. (RSC ? 2525.6(e)) - The prime tenant must establish that at all times he/she has maintained the apartment as a primary residence and intends to reoccupy it at the end of the sublet. - The prime tenant, not the subtenant, retains the rights to a renewal lease and any rights resulting from a co-op conversion. The term of a sublease may extend beyond the term of the prime tenant's lease. The tenant may not sublet for more than two years within any four-year period. (Real Property Law ?226-b, RSC ?2525.6) "

This is all I found on subleases from the link above.

1/20/2006 10:31:15 AM

Pay the fee. As a first year law student, I could give you a big lecture about contracts, leasing, breaches, and parol evidence rule. The fact that they released to a new tenant (unless the stuff above says its a sublet) means nothing in my knowledge (other than mitigating damages, which i dont think matters in landlord/tenant).

The fee is designed to protect the tenant from having to fulfill a full lease in event something happened. A lot of places in NC have them and I personally have paid a fee to break a lease. If there is not a clause, you better hope they do not come after you for breaching the lease and rental value.

[Edited on January 20, 2006 at 5:10 PM. Reason : tired.]

1/20/2006 5:07:47 PM

Thanks for all the comments. I'm not subleting the place, I found someone to completely take over the lease, he passed a credit check for them and they ended up just having him sign a completely new lease (for $50 more than I was paying to live there). They basically want me to pay them $300 for them sitting there and watching the guy fill out paperwork for 10 minutes, and he paid for the credit check.

1/20/2006 10:40:19 PM

look up liquidated damages for New York state. Fair housing commision is a good pace to look. For example, a land lord can only require you continue paying rent until they find another tenant if you vacate. refer to your lease agreement. if there is no mention of a lease transfer fee, i would simply not pay it. However, if it is mentioned, you might just have to suck it up.

1/21/2006 12:11:57 AM