QUESTION

Do I legally require the consent of co-tenants to sublet in New York City? (assuming getting consent from the landlord is not an issue)

Asked on Jul 10th, 2012 on Landlord and Tenant Law - New York
More details to this question:
I live in a high-rise in NYC and am on the lease with two individuals who I found on craigslist. At this point, the three of us are co-tenants, and we are 5 months into the lease. My circumstances have recently changed and I am forced to move out of West to Cali. I found out that my building will not allow me to assign the lease, so I am forced with the option of subletting. Though stand-offish, my roommates told me to vet interested parties before they meet them. I have now interviewed a large number of people and believe a handful might be very good replacements. In a nasty exchange last night, my roommates wrote that they are exploring legal options and that legally they might have the right to refuse anyone and everyone we put forward. I have not signed any agreement with my roommates at any prior time stating that sublets were off the table. Nor do I believe the renenewal lease I signed have any clause stating that co-tenants had to approve subletters. Do I need their approval?
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1 ANSWER

General Practice Attorney serving New York, NY at The Law Office of Walter Jennings, P.C.
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Your lease would specify if you needed all or any of your roommates approval prior to subletting. It might be good to talk to the over landlord with regard to the criteria necessary to remove you from the lease. I don't believe that your other two roommates can dictate who you sublet to. If you have a valid sub-tenant and your roommates are making it impossible for your tenant to take occupancy, it will create a legal situation in which your roommates might be made responsible for the balance of the lease. If you continue to have trouble with your roommates you need to seek a New York landlord tenant lawyer who can aid you in resolving this issue.   Regards, Walter Jennings, Esq. LAW OFFICE OF WALTER JENNINGS PC Experienced New York City Landlord Tenant Attorneys  
Answered on Jul 20th, 2012 at 3:08 PM

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