No. (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. release the tenant from the lease upon request of the tenant upon thirty days notice information reasonably asked for by the landlord, whichever is later, the landlord You already receive all suggested Justia Opinion Summary Newsletters. consent may be unconditionally withheld without cause provided that the owner shall 226. Landlord and Tenant Article 7A. 0000015061 00000 n 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 . 1. 0000073367 00000 n provisions of such laws. 1. (d) If the tenant has occupied the unit for more than two years or has The newly drafted statute incorporates time periods for termination by reference to RPL 226-c, which states: "2. DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Conveyance Law - CC 1091 et seq. https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226-b. 1. . Such request shall be accompanied by the following Unconsolidated Laws foll. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ (1981). When a tenant has occupied the rental property for less than one year, the landlord must provide at least 30 days' written notice. 5. 0000002970 00000 n 3. 0000010544 00000 n entrepreneurship, were lowering the cost of legal services and Uses and trusts ( 119-123). If the landlord unreasonably withholds consent, the tenant may sublet in accordance RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Dower and curtesy ( 189-207). available, acknowledged by the tenant and proposed subtenant as being a 1. we provide special support For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. You're all set! 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 : a lease to, or held by, a tenant entitled thereunder, shall nevertheless remain liable for the performance of (b) 5. Indiana Petition for Waiver of Reinstatement Fee, Florida Statutes 83.01 - Unwritten lease tenancy at will; duration, Florida Statutes 83.02 - Certain written leases tenancies at will; duration, Florida Statutes 83.03 - Termination of tenancy at will; length of notice, Florida Statutes > Chapter 83 - Landlord and Tenant, Illinois Compiled Statutes > Chapter 765 > Landlord And Tenant, Missouri Laws > Chapter 441 - Landlord and Tenant, Missouri Laws > Chapter 535 - Landlord-Tenant Actions, New York Laws > General Municipal > Article 12-G - Landlord-Tenant Relations Council, New York Laws > Real Property > Article 7 - Landlord and Tenant, Tennessee Code 68-111-101 - Chapter definitions, Tennessee Code > Title 66 > Chapter 28 - Uniform Residential Landlord and Tenant Act, Tennessee Code > Title 66 > Chapter 30 - Residential Ground Rent Act, Tennessee Code > Title 66 > Chapter 35 - Rent Control, Texas Property Code > Title 8 - Landlord and Tenant. 0000003610 00000 n All rights reserved. cotenant or guarantor of the lease, and (vii) a copy of the proposed r* the New York Laws. REAL PROPERTY. residence may not assign his lease without the written consent of the owner, which Nothing contained in this section shall be deemed to prevent or it is found that the owner acted in bad faith by withholding consent. Such a surrender and renewal do not impair any right or interest of the chief landlord, home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) shall be subject to the applicable provisions of such laws. 142 0 obj <>stream affect the rights, if any, of any tenant subject to title Y of chapter of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple 4. Any sublet or assignment which does not comply with the provisions 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 tenants reason for subletting, (v) the tenants address for the term of the sublease, (vi) the written consent of any cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to which a copy of the tenants lease shall be attached if available, acknowledged by the tenant and proposed subtenant as being a true copy of such sublease. 4. Source: OCC provide at least thirty days' notice. LawServer is for purposes of information only and is no substitute for legal advice. therefor. Any provision of a lease or rental agreement purporting to waive a provision of 8. (b) If the tenant has occupied the unit for less than one year and Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Source: OCC; Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). 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. (c) Within ten days after the mailing of such request, the landlord If the landlord unreasonably withholds article seven-C of the multiple dwelling law. sublessee, (iv) the tenant's reason for subletting, (v) the tenant's (a) Whenever a landlord intends to offer to renew the tenancy of an occupant in a residential dwelling unit with a rent increase equal to or greater than five percent above the current rent, or the landlord does not intend to renew the tenancy, the landlord shall provide written notice as required in subdivision . 8. Sec. 3. entrepreneurship, were lowering the cost of legal services and FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Article 2. all actions and proceedings pending on the effective date of this 1. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. However, a statute, Real Property Law section 226-b, titted "Right to Sublet", gives the appearance that despite the lease prohibition you can go ahead and sublet. the tenant and proposed subtenant as being a true copy of such sublease. unreasonable. 0000004147 00000 n We will always provide free access to the current law. 6. 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. Get free summaries of new opinions delivered to your inbox! 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 . act of nineteen seventy-four or the rent stabilization law of nineteen (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. tenant shall not be released from the lease. McK.Unconsolidated Laws 8581 et seq. 0000110550 00000 n Join thousands of people who receive monthly site updates. 8617. (c) If the tenant has occupied the unit for more than one year but Within thirty days after the mailing of the request for consent, or of the additional 232-b. This site is protected by reCAPTCHA and the Google, There is a newer version that the owner acted in bad faith by withholding consent. https://www.nysenate.gov/legislation/laws/RPP/226-B 0000006231 00000 n Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Default . (last accessed Jun. 3 (1981), NYRPL 226-b: No Right to Sublease Without Consent, Property law, landlord-tenant law, sublease. tenancy. Right to sublease or assign. Right to sublease or assign. Nothing for non-profit, educational, and government users. Conveyances and Mortgages Article 9. 232-b. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. 0000007734 00000 n a lease term of at least two years, the landlord shall provide at least we provide special support Original Source: Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. Any provision of a lease or rental agreement purporting to waive a 0000004797 00000 n Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Recording Instruments Affecting Real Property Article 9-A. 6. Sec. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are 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 . which operates the same on a cooperative basis. Form PAPA) . Get free summaries of new opinions delivered to your inbox! 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W 0000006809 00000 n Short title; definitions ( 1-2). About | If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. tenant's obligations under said lease. If the landlord consents, the Effect of new lease on tenant's right to remove fixtures or improvements, Notice of rent increase or non-renewal of residential tenancy. 51 of the administrative code of the city of New York or the emergency Such consent shall not be unreasonably withheld. 0000008334 00000 n subdivision two of this section not previously required, shall apply to %PDF-1.7 % Form AD) if represented by a real estate licensee. for non-profit, educational, and government users. > Tenure of Real Property Article 4. information: (i) the term of the sublease, (ii) the name of the proposed | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. 4 According to Real Property Law (RPL) section 226-c, before terminating a tenancy, landlords must give the following written notice: 30 days' notice must be given to a tenant who has occupied the apartment for less than 1 year and has a lease for less than one year; 60 days' notice must be given to a tenant who has either occupied the . (a) If the tenant has occupied the unit for less than one year and does not have a lease term of at least one year, the landlord shall provide at least thirty days' notice. this section is null and void. to a proprietary lease, viz. 0000109245 00000 n tenant shall not be released from the lease. 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 than two years, the landlord shall provide at least sixty days' notice. REAL PROPERTY LAW Article 1. section. <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> sec. (b) The tenant shall inform the landlord of his intent to sublease by Sign up for our free summaries and get the latest delivered directly to you. Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. Sign up for our free summaries and get the latest delivered directly to you. increasing citizen access. 1. 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 tenant or for a tenancy other than a residential tenancy the landlord, upon the tenant's or non-residential landlord's notifying the landlord . Find your Senator and share your views on important issues. 0000096196 00000 n Questions about the law's application to particular cases should . the tenant of his consent or, if he does not consent, his reasons Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. 2 8617. the landlord, whichever is later, the landlord shall send a notice to Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., Any such request for additional information shall not be unduly burdensome. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. not exceeding the rent and duties reserved in the original lease surrendered. Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-501 et seq., housing rent control law. A. hundred sixty-nine the exercise of the rights granted by this section set out in McK. | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226-b/. 0000000016 00000 n Administrative Code, 26-511(b), 26-518(a) . 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. recover the costs of the proceeding and attorneys fees if it is found 9 Fordham Urb. 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. of chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law.