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If Tenant A is trying to sublet their apartment, and the landlord finds/executes the sublease and receives payment from the new Tenant B, terminating the existing lease with Tenant A.

Is there any challenge or illegality to Tenant A staying in the unit until the last hour/day, which would prevent the landlord from entering the unit or doing any renewal prior to the following morning when Tenant B has their lease formally begin? If the landlord has proposed this non-window, are they liable to Tenant A or Tenant B in some wayx?

The situation proposed is not a sublet, it's a new lease by the landlord to a new tenant. It would not be an adversarial re-leasing, e.g. current lease holder wants to go, landlord is ostensibly OK with them going.

The thing I am trying to zero in on was the work/refresh/renovation that needs to be done between tenants, and if they landlord can expect to do it while Tenant A is still paying (up to the date of the 'lease change'), but expecting that Tenant A has vacated before that date, or allows the work to be done while they are still occupying? NY state seems to enforce a clause for sufficient notice to a current tenant before performing necessary work on the unit.

This area of law/codes is not very detailed, and I suspect that anything to go on just exists in precedent and related courthouse decisions.

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  • On what grounds did the landlord terminate the lease with tenant A?
    – phoog
    Jul 26 at 6:16
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    This doesn’t sound like a sublease, it sounds like a transfer of tenant. Which is it?
    – Dale M
    Jul 26 at 6:24
  • What does the lease provide in regard to subleasing? Jul 26 at 10:36
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    @phoog, "the landlord finds"
    – Tiger Guy
    Jul 28 at 14:18
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    @TigerGuy aha, yes, that seems like a distinct possibility.
    – phoog
    Jul 28 at 17:37

2 Answers 2

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The thing I was trying to zero in on was the work/refresh/renovation that needs to be done between tenants, and if they landlord can expect to do it while Tenant A is still paying (up to the date of the 'lease change'), but expecting that Tenant A has vacated before that date, or allows the work to be done while they are still occupying?

The first tenant is not required to relinquish possession of the premises while the first lease is in force. The landlord's right of access to the apartment remains unchanged from those specified in the lease and in state landlord-tenant law. So basically the landlord has to wait until the first tenant leaves before doing most of the work.

If the first tenant relinquishes possession of the premises before the end of the lease period, the landlord can keep charging rent until the premises has been re-let to a new tenant. But if the landlord has agreed to stop charging rent when the first tenant moves out, the landlord may be bound by that agreement.

If the landlord has signed a second lease with a new tenant beginning immediately after the first tenant's mutually agreed early move-out date, then the landlord basically has no time available to fix up the apartment except with the consent of one tenant or the other.

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It sounds like the headline is asking if Tenant A can be charged past the date that the lease transfers to Tenant B (move-out date), in which case the answer is no, they cannot.

If the landlord has executed a new lease with Tenant B, then Tenant A has no liability for rents beginning from the point that Tenant B's lease takes effect. It sounds like you may also have a separate question about occupancy rights, and if so you should post that separately.

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    In a true sublease Tenant A remains a guarantor of Tenant B's lease obligations. The question seems to be really asking about an assignment of a lease rather than a sublease, however.
    – ohwilleke
    Jul 28 at 22:19
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    @ohwilleke in this question the landlord has terminated the lease with Tenant A, at which point any sublease arrangement would also be terminated. That's why I didn't address the sublease at all in my answer. The second half of the question also discusses a date where Tenant B's lease will formally begin.
    – Michael
    Jul 28 at 22:52

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