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    jenny hwang's Avatar
    jenny hwang Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 1, 2008, 12:11 AM
    Real estate law of New York
    What is the real estate law of New York for sublease where no contract was written other than that her security will be returned if she wants to leave and must give 90 days notice.
    She is not on the lease.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Feb 1, 2008, 08:49 AM
    Hello jenny:

    Landlord tenant law doesn't make mention of your predicament. Contract law does.

    You are bound by the agreement you made. If the agreement doesn't allow you to sublease, then you can't make the assumption that you are allowed to. In doing so, you would be UNILATERALLY making a NEW provision in the lease, and you can't do that. You certainly wouldn't want your landlord to UNILATERALLY make any new provisions, would you?

    excon
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