Do I have a chance at winning my subletting case?

Asked almost 2 years ago - 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)

  1. Steven Warren Smollens

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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/suble...

    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... more

Related Topics

Breaking a lease agreement

Breaking a lease is considered a breach of contract, and you may have to pay a penalty to do so, unless the law prohibits penalties for your specific situation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,919 answers this week

3,039 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,919 answers this week

3,039 attorneys answering