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Do I have a chance at winning my subletting case?

Buffalo, NY |

I sent a letter to the landlord stating that I will be trying to find a prospect for subletting. In Canada, the landlord has 7 days to respond or the tenant can file a 30 days termination notice. 7 days passed with no responses so I sent the landlord a 30 days notice. The landlord responded 2 days later saying that they received no such letter asking to sublet and that I am still responsible for the one month remaining on the lease. How can I argue that they in fact recieved the letter and are back peddling now because they did not respond in time?

Attorney Answers 1

Posted

Dear what has Canada to do with a New York Sublease?

No you do not have a chance at winning your subletting case.

New York tenants cannot rely on the landlord and tenant rules and statutes with origin in another nation.

A New York tenant request for consent to sublet the apartment is governed by New York Real Property Law Section 226 - b. There is no analogy for the Canadian law in New York.

Read more at:

http://tenant.net/Tengroup/Metcounc/Mar96/sublet.html

The Sublet Statute is linked here:

http://codes.lp.findlaw.com/nycode/RPP/7/226-b

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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