What are my options when my lease of five years is up?
Full Question:
I'm sub-leasing and would like to know my rights. when the lease is up in November,can the landlord ask me to leave if I've been there for over 5yrs?
06/14/2007 |
Category: Landlord Tenant |
State: New York |
#6435
Answer:
You should carefully review your lease agreement or the original tenant's lease agreement to determine your rights in the rental property.
The applicable New York statutes are as follows:
§ 226 Real Prop. Effect of renewal on sub-lease.
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. Such a surrender and renewal do not impair any right or interest
of the chief landlord, his lessee or the holder of an under-lease, under
the original lease; including the chief landlord's remedy by entry, for the
rent or duties secured by the new lease, not exceeding the rent and duties
reserved in the original lease surrendered.
§ 226-b Real Prop. Right to sublease or assign.
1. 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. If
the owner reasonably withholds consent, there shall be no assignment and
the tenant shall not be released from the lease.
2. (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. Such consent shall not be unreasonably withheld.
(b) The tenant shall inform the landlord of his intent to sublease by
mailing a notice of such intent by certified mail, return receipt
requested. Such request shall be accompanied by the following information:
(i) the term of the sublease, (ii) the name of the proposed sublessee,
(iii) the business and permanent home address of the proposed sublessee,
(iv) the tenant's reason for subletting, (v) the tenant's address for the
term of the sublease, (vi) the written consent of any co-tenant or
guarantor of the lease, and (vii) a copy of the proposed sublease, to which
a copy of the tenant's lease shall be attached if available, acknowledged
by the tenant and proposed subtenant as being a true copy of such sublease.
(c) Within ten days after the mailing of such request, the landlord may
ask the tenant for additional information as will enable the landlord to
determine if rejection of such request shall be unreasonable. Any such
request for additional information shall not be unduly burdensome. Within
thirty days after the mailing of the request for consent, or of the
additional information reasonably asked for by the landlord, whichever is
later, the landlord shall send a notice to the tenant of his consent or, if
he does not consent, his reasons therefor. Landlord's failure to send such
a notice shall be deemed to be a consent to the proposed subletting. If the
landlord consents, the premises may be sublet in accordance with the
request, but the tenant thereunder, shall nevertheless remain liable for
the performance of tenant's obligations under said lease. If the landlord
reasonably withholds consent, there shall be no subletting and the tenant
shall not be released from the lease. If the landlord unreasonably
withholds consent, the tenant may sublet in accordance with the request and
may recover the costs of the proceeding and attorneys fees if it is found
that the owner acted in bad faith by withholding consent.
3. The provisions of this section shall apply to leases entered into or
renewed before or after the effective date of this section, however they
shall not apply to public housing and other units for which there are
constitutional or statutory criteria covering admission thereto nor to a
proprietary lease, viz.: a lease to, or held by, a tenant entitled thereto
by reason of ownership of stock in a corporate owner of premises which
operates the same on a cooperative basis.
4. With respect to units covered by the emergency tenant protection act
of nineteen seventy-four or the rent stabilization law of nineteen
hundred sixty-nine the exercise of the rights granted by this section
shall be subject to the applicable provisions of such laws. Nothing
contained in this section two hundred twenty-six-b shall be deemed to
affect the rights, if any, of any tenant subject to title Y of chapter 51
of the administrative code of the city of New York or the emergency
housing rent control law.
5. Any sublet or assignment which does not comply with the provisions of
this section shall constitute a substantial breach of lease or tenancy.
6. Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and void.
7. The provisions of this section except for items in paragraph (b) of
subdivision two of this section not previously required, shall apply to all
actions and proceedings pending on the effective date of this section.
8. Nothing contained in this section shall be deemed to prevent or limit
the right of a tenant to sell improvements to a unit pursuant to article
seven-C of the multiple dwelling law.
§ 232-a Real Prop. Notice to terminate monthly tenancy or tenancy from
month to month in the city of New York.
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
manner in which a notice of petition in summary proceedings is now allowed
to be served by law, a notice in writing to the effect that the landlord
elects to terminate the tenancy and that unless the tenant removes from
such premises on the day on which his term expires the landlord will
commence summary proceedings under the statute to remove such tenant
therefrom.
§ 232-b Real Prop. Notification to terminate monthly tenancy or tenancy
from month to month outside the city of New York.
A monthly tenancy or tenancy from month to month of any lands or
buildings located outside of the city of New York may be terminated by the
landlord or the tenant upon his notifying the other at least one month
before the expiration of the term of his election to terminate; provided,
however, that no notification shall be necessary to terminate a tenancy for
a definite term.
§ 232-c Real Prop. Holding over by a tenant after expiration of a term
longer than one month; effect of acceptance of rent.
Where a tenant whose term is longer than one month holds over after the
expiration of such term, such holding over shall not give to the landlord
the option to hold the tenant for a new term solely by virtue of the
tenant's holding over. In the case of such a holding over by the tenant,
the landlord may proceed, in any manner permitted by law, to remove the
tenant, or, if the landlord shall accept rent for any period subsequent to
the expiration of such term, then, unless an agreement either express or
implied is made providing otherwise, the tenancy created by the acceptance
of such rent shall be a tenancy from month to month commencing on the first
day after the expiration of such term.