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Old 05-18-2011, 11:02 AM
  # 10 (permalink)  
nodaybut2day
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Join Date: Sep 2009
Location: Quebec
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In the event that you aren't in any danger of violence, how about subletting the apartment until the lease comes up? It would help you pay off what you owe without breaking the lease:

"Tenants with leases who live in buildings with four or more apartments have the right to sublet with the landlord’s advance consent. Any lease provision restricting a tenant’s right to sublease is void as a matter of public policy. If the landlord consents to the sublet, the tenant remains liable to the landlord for the obligations of the lease, including all future rent. 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 anyway.

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 ten 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. "

NYC Rent Guidelines Board

Also, this particular paragraph seems to apply to you:
"Generally speaking, if you break your lease the landlord can claim part or all of your security deposit for "unpaid rent." He could also go to court to enforce the terms of the lease (i.e., ask you to pay additional rent until a new tenant is found). Under current rulings, landlords have no duty to promptly re-rent the apartment. "
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