Legal Question in Landlord & Tenant Law in New York

Landlord Tenant Rejection Limits

My wife and I recently, bought a house, but have a lease that doesn't end until 11/30/04. This is in an Co-op apartment complex. After a few discussions with the Landlord, they will allow us to find another tenant(s) to take over the lease provided they are approved by the Landlord. We are using their Sales Rep and she found someone willing to move in. After a background check, she was denied because she didn't earn enough income even though she had perfect credit. She earns 36K/yr, but the rent is $1,150. The landlord said they will only approve a person or persons that earn $1,150 per/wk or more. The person interested in the apartment was surprised by the outcome and has come back with an offer which has her parents willing to co-sign the lease.

The question is, can the landlord/board legally set the limit at $1,150 per week the applicant has to earn? Also if she is denied a 2nd time, even though her parents are wealthy and are willing to co-sign, what recourse will be available to me so I may get out of the lease early?


Asked on 2/18/04, 12:01 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Landlord Tenant Rejection Limits

This is a very good question. The landlord is required to accept a 'reasonable' tenant. This person sounds reasonable to me. You are on sound legal ground to cease paying rent if this tenant is not accepted.

I strongly recommend you continue to seek a new tenant even if you do not continue to pay rent. This is a business recommendation, not a legal one. Since finding a good tenant will solve your problems with this landlord, continuing to look is cheaper than a lawsuit, even if you win.

It sounds like the landlord needs a good talking-to. He is not allowed to reject good prospects in the search for 'super-tenant'.

I would be happy to assist you in coming to an agreement with the landlord. I think this can be settled with a brief negotiation and no more payments from you to the landlord.

My fees in such a project would be very small. This is not something to charge much for.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 2/18/04, 2:30 pm


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