QUESTION

Suing my landlord in NY Sm Clms Ct for unreasonably denying my request to sublet. Landlrd's atty says I can't sue. Seeks $2500 legal fees. Who is rt?

Asked on Aug 12th, 2017 on Landlord and Tenant Law - New York
More details to this question:
I am a rent stabilized tenant, 38 years on my lease. Asked landlord for permission to sublet my room for 2 months. Satisfied landlord's sublet application, but landlord kept adding requirements, making it too burdensome, so landlord, imo, unreasonably rejected request to sublet. Suing in Small Claims Court for loss of 2 month's rent on Aug. 15. Landlord called me yesterday to say would seek legal fees. Their attorney claims I don't have the right to sue in this case under NY RPL 226-b and is seeking at least $2500 in legal fees. They claim my only remedy is release from the lease. I see that this is true for an assignment of the lease, but I don't see it for denial to sublet. To me this is really about harassment and trying to get me out of the building to raise the rent. Seeking advice.
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1 ANSWER

Landlord and Tenant Law Attorney serving New York, NY
If the landlord unreasonably denies your sublease request you can proceed with the sublease. Alternatively, you can commence a declaratory judgment action in Supreme Court. If you lose in small claims court your landlord may be entitled to reimbursement for his attorney's fees.
Answered on Aug 13th, 2017 at 9:52 AM

This response is for general informational purposes only. An attorney-client relationship is not being formed.

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