Legal Question in Landlord & Tenant Law in New York
Landlord's refusal to consent assignment
I recently renewed my lease for an additional 10 years and as per my lease i could assign or sublet the lease subject to landlord's approval who cannot disapprove unreasonably.
My lease requires a 2 month security deposit. Can my landlord reject the new tenant if his demand of an additional 4 month's security is not met and what are my legal steps if the landlord does not consent to the assignment because of the new tenant's refusal to meet his additional security deposit demand.
Thank you
1 Answer from Attorneys
Re: Landlord's refusal to consent assignment
This must be a difficult situation for you. You did the hard work to find a new tenant, and now the Landlord wants more money.
Your email hit the nail on the head - the landlord must be 'reasonable'. If the extra security deposit is an excuse to turn down the tenant or to squeeze more money, then the landlord has broken the contract.
On the other hand, if there is a reason for the need for a larger deposit (perhaps related to the business of the tenant?) then the request for more money may be 'reasonable'.
This case will depend on the specific facts of the case. You already know the law.
I would be happy to discuss the case in greater detail (a consultation) for no fee. You are welcome to a consultation at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.
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