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I am in a 2 BD apartment in NYC. I'm on the lease along with the other tenant. There is a guarantor on the lease. I want to leave the lease, which has 10 months remaining. I have sent the landlord a registered mail asking to be able to reassign the lease. The building super today contacted me via text to say that the landlord would like to keep me on the lease but would allow me to sublet. They don't seem willing to budge. I really, really need to get out of this lease. Any suggestions?

  • Is there a fee for breaking the lease? Does the other tenant want to leave? What are your concerns with subletting? – Ron Beyer Sep 17 '18 at 22:28
  • There doesn't seem to be a clause in the lease agreement for breaking the lease. The other tenant would like to stay. I suppose my only concerns for subletting are that I still have liability on the rent if my roommate stops paying. – pete Sep 17 '18 at 22:55
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    If the landlord withholds consent to assign unreasonably, the owner must release the tenant from the lease on 30 days notice (Real Property Law 226-b). So if they don't give a reason why you can't assign, you may be able to invoke that, but I do not know how it works if there's another tenant on the lease who wants to stay. However, even without subletting, you have liability on the rent if your roommate stops paying, so your liability doesn't change. This also means that your roommate is liable if you stop paying. – phoog Sep 18 '18 at 5:40

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