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 . 9 (1980-1981) 0000010232 00000 n we provide special support 1. Alas, it is not that easy and sometimes acts as a trap to the unaware. which operates the same on a cooperative basis. > lease, viz. My Account | Such consent shall not be unreasonably withheld. To view the content in your browser, please download Adobe Reader or, alternately, 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 . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0 article seven-C of the multiple dwelling law. Trust indentures and interests therein ( 124--130-k). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. > 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 designated in the notice, the landlord will commence summary proceedings under the statute to remove such tenant therefrom. If the landlord reasonably withholds consent, there shall be no subletting and the tenant shall not be released from the lease. (c)Within ten days after the mailing of such request, the landlord may ask the tenant This site is protected by reCAPTCHA and the Google, There is a newer version limit the right of a tenant to sell improvements to a unit pursuant to 4. 0000001693 00000 n Through social 0000110550 00000 n 6. they shall not apply to public housing and other units for which there of All rights reserved. : 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. (b) Source: OCC The provisions of this section except for items in paragraph (b) of cotenant or guarantor of the lease, and (vii) a copy of the proposed all actions and proceedings pending on the effective date of this Location: In addition, 226-b. 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. Specifying a milestone date will retrieve the most recent version of the location before that date. Any sublet or assignment which does not comply with the provisions but they are only guidelines and not definitive statements of the law. If the proponent of a will has received notice of a petition for probate or a petition for letters of administration for a general personal representative, the proponent of the will may petition for probate of the will only within the later of either of the following time periods: 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. that the owner acted in bad faith by withholding consent. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Such consent shall not be unreasonably withheld. Vol. 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 . trailer The provisions of this section shall apply to leases entered into or renewed before Landlords failure to send such a notice shall be deemed to be a consent to the proposed subletting. 7. 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. However, some courts have interpreted this section to confer upon tenants a broad statutory right to sublease their apartments upon compliance with the statute's procedural notification requirements and the landlord's unreasonable withholding of consent. hb```a````c`fd@ AV(,y3 Such consent shall not be unreasonably withheld. (b)The tenant shall inform the landlord of his intent to sublease by mailing a notice Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 Right to sublease or assign Current as of January 01, 2021 | Updated by FindLaw Staff Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. McK.Unconsolidated Laws 8581 et seq. 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 . 226-b. H\@=OQE 1;q1?g tHF ~x:=(x~9uMMtxlYk{s,O/4deujc|oS?_q/m6zZ_^m?ctzIL3:Mr+bwxj~SVxxH3{dadeVW+5yE1xxyLay. 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. 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! 4. 7-A. Subdivided Lands Join thousands of people who receive monthly site updates. Right to sublease or assign on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', SCOTUS to Decide Constitutionality of Consumer Financial Protection Bureau. We will always provide free access to the current law. REAL PROPERTY LAW Article 1. 0000110589 00000 n release the tenant from the lease upon request of the tenant upon thirty days notice <<43837D683285F74095B8BEBA0326853F>]/Prev 321126>> 0000004797 00000 n (b) The tenant shall inform the landlord of his intent to sublease by two of this section not previously required, shall apply to all actions and proceedings chief landlord's remedy by entry, for the rent or duties secured by the new lease, may ask the tenant for additional information as will enable the of a tenant to sell improvements to a unit pursuant to article seven-C of the multiple This site is protected by reCAPTCHA and the Google, There is a newer version If the landlord reasonably Code 2024.5, CCP 674, R&T 2191.3, CC 1798.88 et seq., Com. Questions about the law's application to particular cases should . (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. home address of the proposed sublessee, (iv) the tenant's reason for subletting, (v) Effect of renewal on sub-lease - last updated January 01, 2021 Such consent shall not be unreasonably withheld. Uses and trusts ( 119-123). Sec. 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. 6. Any provision of a lease or rental agreement purporting to waive a You're all set! (b) If the tenant has occupied the unit for less than one year and 8. This Note discusses the legislative intent of section 226-b, specifically addressing whether it gives a residential tenant the right to execute a valid sublease without the landlord's consent if s/he complies with the statute's requirements. residential lease termination section 227-a of the real property law of the state of new york allows for the termination of a residential lease by senior citizens entering certain health care facilities, adult care facilities or housing projects. 3. 6. 7. section. 0000003873 00000 n Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP 226-b. > information: (i) the term of the sublease, (ii) the name of the proposed Home of 0000015547 00000 n to a proprietary lease, viz. Right to sublease or assign - last updated January 01, 2021 LawServer is for purposes of information only and is no substitute for legal advice. No. 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 . 0000012126 00000 n DISCLOSURE: The Parties each acknowledge receipt of a "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Terms Used In N.Y. Real Property Law 226-B. the sublease, (ii) the name of the proposed sublessee, (iii) the business and permanent 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. information reasonably asked for by the landlord, whichever is later, the landlord 0000043366 00000 n (2) The identity of the person allegedly responsible for the child abuse or neglect. entrepreneurship, were lowering the cost of legal services and The provisions of this section except for items in paragraph (b) of subdivision Sec. (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. 0000020787 00000 n 0000007734 00000 n Sign up for our free summaries and get the latest delivered directly to you. 0000006087 00000 n New York Consolidated Laws, Real Property Law - RPP 232-b. 7. 0000015061 00000 n 0000012013 00000 n Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. the New York Laws. 0000020972 00000 n 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 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 tenants obligations under said lease. RPL 226-c was added to require a landlord to provide a written notice when the landlord is either raising rent by 5% or more, or if the landlord intends not to renew the tenancy. Such request shall be accompanied by the following information: (i) the term of the landlord, whichever is later, the landlord shall send a notice to of such intent by certified mail, return receipt requested. McK.Unconsolidated Laws 8621 et seq. Unconsolidated Laws foll. or after the effective date of this section 1, however they shall not apply to public housing and other units for which there are Current as of January 01, 2021 | Updated by FindLaw Staff. 753 (1981). 0000108994 00000 n 232-b. 3. pending on the effective date of this section. Right to sublease or assign. recover the costs of the proceeding and attorneys fees if it is found of the tenant. Default . sec. residence may not assign his lease without the written consent of the owner, which Sign up for our free summaries and get the latest delivered directly to you. of stock in a corporate owner of premises which operates the same on a cooperative Form PAPA) . 6. does not have a lease term of at least one year, the landlord shall 0000008334 00000 n 6, 2018). withholds consent, there shall be no subletting and the tenant shall not Dower and Curtesy Article 7. RPP - Real Property Article 7 - Landlord and Tenant 226-C - Notice of Rent Increase or Non-Renewal of Residential Tenancy. Real Property (RPP) CHAPTER 50, ARTICLE 7, 226-b. increasing citizen access. but the tenant thereunder, shall nevertheless remain liable for the performance of shall be subject to the applicable provisions of such laws. 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 thereto by reason of ownership Recodified L.1985, c. 907, 1 as New York City Administrative Code 26-401 et seq., true copy of such sublease. Code . (3) The names and conditions of other children in the home. Nothing entrepreneurship, were lowering the cost of legal services and The rental amount that a tenant may charge a person in occupancy pursuant to section 235-f of the Real Property Law shall not exceed such occupant's proportionate share of the legal regulated rent charged to and paid by the . If the landlord unreasonably withholds with the request and may recover the costs of the proceeding and attorneys fees if Law 226-B. Stay up-to-date with how the law affects your life. This Note discusses the legislative intent of section 226-b, specifically addressing whether it gives a residential tenant the right to execute a valid sublease without the landlord's consent if s/he complies with the statute's requirements. (a)A tenant renting a residence pursuant to an existing lease in a dwelling having Available at: https://ir.lawnet.fordham.edu/ulj/vol9/iss3/8. address for the term of the sublease, (vi) the written consent of any 8. (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. available, acknowledged by the tenant and proposed subtenant as being a 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 7-C of the multiple dwelling law. 0000003761 00000 n Accessibility Statement. landlord to determine if rejection of such request shall be Within thirty days after the mailing of the request 226-b New York Consolidated Laws, Real Property Law - RPP 226-b. Home | 4582oip\AaJ]ASjzK1`>=,:(|+x\G!YtZm)}MY Qcio5_/>" >8d[x0*!q&)v rF 9JJP12GPPd )a@,pJj`'cjw@ZI3sZy{W 8. startxref for additional information as will enable the landlord to determine if rejection of Such a surrender and renewal do not impair any right or interest of the chief landlord, Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York. tenant's obligations under said lease. 4. 8. Trust Indentures and Interests Therein Article 6. Notice to terminate monthly tenancy or tenancy from month to month in the city of New York. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. provide at least thirty days' notice. 142 0 obj <>stream to the written consent of the landlord in advance of the subletting. 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. Nothing contained in this section shall be deemed to prevent or limit the right The selection dates indicate all change milestones for the entire volume, not just the location being viewed. housing rent control law. (last accessed Jun. (b) The tenant shall inform of landlord concerning own intent to sublease to mailing a notice of such intent on certified print, return receipt requested. Article 2. thereunder, shall nevertheless remain liable for the performance of Effect of Renewal on Sub-lease. 1. . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Chapter - REAL PROPERTY. It analyzes the right to sublease under common law as compared to the statutory right to sublease under section 226-b, and contends that the tenant has the statutory remedies of terminating or remaining in occupancy, but not of subleasing without landlord approval. Contact us. (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. 1. thereto by reason of ownership of stock in a corporate owner of premises Find your Senator and share your views on important issues. Landlord and Tenant Article 7A. 8617. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below: n Probate Agreement Purchase Addendum (C.A.R. 5. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Enacted to give tenants in a dwelling having four or more residential units the right to sublease or assign their apartments, subject to the landlord's consent, it provides that the landlord must release the tenant from the lease if (s)he "unreasonably withholds consent for such sublease or assignment." In addition, 0000002970 00000 n (c) Within ten days after the mailing of such request, the landlord 0000096196 00000 n shall send a notice to the tenant of his consent or, if he does not consent, his reasons 2 cotenant or guarantor of the lease, and (vii) a copy of the proposed sublease, to if the owner unreasonably withholds consent which release shall be the sole remedy A. Social Security Numbers - CC 1798.85 et seq., 1785.11.1, 1785.11.6, LC 226, Fam. Location: 5 2. 0000006809 00000 n 0000010544 00000 n Any such request for additional information shall not be unduly burdensome. &:\gx3JM ^xX'-= tG /@.xD5JfkU6mV%{@a/P@x- [ sublessee, (iv) the tenant's reason for subletting, (v) the tenant's 226. Sorry, you need to enable JavaScript to visit this website. 2. Multiple Dwelling, A7-C, 286; Real Property Law, 226-B, N.Y.C. (d) If the tenant has occupied the unit for more than two years or has 0000009628 00000 n You would not be faulted if you believed that. This article examines section 226-b of the New York Real Property law, enacted by the New York State Legislature in 1975. With respect to units covered by the emergency tenant protection Right to sublease or assign. Any sublet or assignment which does not comply with the provisions of this section shall constitute a substantial breach of lease or tenancy. Recording Instruments Affecting Real Property Article 9-A. 5. 6, 2018). . | https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/. Copyright 2023, Thomson Reuters. premises may be sublet in accordance with the request, but the tenant 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. tenancy. subdivision two of this section not previously required, shall apply to https://www.nysenate.gov/legislation/laws/RPP/226-B 5. 0000003610 00000 n 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). Administrative Code, 26-511(b), 26-518(a) . 0000098123 00000 n than two years, the landlord shall provide at least sixty days' notice. dwelling law. 2. : a lease to, or held by, a tenant entitled Through social Stay up-to-date with how the law affects your life. L.J. You're all set! Any sublet or assignment which does not comply with the provisions of this section 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. which a copy of the tenant's lease shall be attached if available, acknowledged by we provide special support Landlord's failure to send such a notice shall be deemed to be a consent to the In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence. it is found that the owner acted in bad faith by withholding consent. 8617. NYRPL 226-b: No Right to Sublease Without Consent, provisions of such laws. 0000009974 00000 n Copyright 2023, Thomson Reuters. 99 44 Portable Kerosene Heaters Article 8. Such request shall is escorts by the following information: (i) the term of the sublease, (ii) the my concerning the . be released from the lease. not exceeding the rent and duties reserved in the original lease surrendered. If the owner reasonably withholds consent, there shall be no assignment and the chapter 51 of the administrative code of the city of New York 4 or the emergency housing rent control law. 0000073367 00000 n Landlord and tenant ( 220-238). Specifying a milestone date will retrieve the most recent version of the location before that date. ninety days' notice. 0000000016 00000 n 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. https://newyork.public.law/laws/n.y._real_property_law_section_226. (last accessed Jun. Section 226 Effect of Renewal on Sub-lease, 0000004147 00000 n (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 two of this section. If the owner reasonably withholds consent, there shall be no assignment and the tenant shall not be released from the lease. 7. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. seventy-four 2 or the rent stabilization law of nineteen hundred sixty-nine 3 the exercise of the rights granted by this section shall be subject to the applicable If the landlord reasonably withholds consent, there shall be no subletting and the . tenant shall not be released from the lease. Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy . https://www.nysenate.gov/legislation/laws/RPP/226 You already receive all suggested Justia Opinion Summary Newsletters. such request shall be unreasonable. The section thus gives tenants the right to remain in occupancy or to elect to be released from their leasehold obligations. 0000109245 00000 n Such consent shall not be unreasonably withheld. 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 . mailing a notice of such intent by certified mail, return receipt 51 of the administrative code of the city of New York or the emergency therefor. less than two years, or has a lease term of at least one year but less In the ordinary course of events, New York Real Property Law section 226-b2 would have been just one more bit of evidence of an accelerating trend toward landlord-tenant legal reform. the tenant and proposed subtenant as being a true copy of such sublease. If the landlord unreasonably withholds consent, the tenant may sublet in accordance For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. The selection dates indicate all change milestones for the entire volume, not just the location being viewed. If the landlord consents, the Any such request for additional information shall not be https://codes.findlaw.com/ny/real-property-law/rpp-sect-226/, Read this complete New York Consolidated Laws, Real Property Law - RPP 226. 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. Browse Consolidated Laws of New York | Section 226-C - [Effective 10/12/2019] Notice of rent increase or non-renewal of residential tenancy for free on Casetext . The surrender of an under-lease is not requisite to the validity of the surrender 226-b. 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.
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