How to Transfer a Lease to a New Tenant in New York

Thinking about moving out before your lease ends in New York? You might wonder if you can transfer your lease to someone else, a process often called a lease assignment. Understanding your legal rights and the proper steps is essential to avoid extra fees or legal trouble. This guide explains how transferring a lease works in New York, outlines all required paperwork, and highlights where renters can get official support.

Understanding Lease Transfers in New York

Transferring a lease (also called a "lease assignment") means you, as the current tenant, legally pass your rights and responsibilities under the rental agreement to a new tenant. This is different from subletting, where you remain responsible while someone else temporarily occupies your apartment. In most cases, assignments are possible if approved by your landlord, and specific rules apply for buildings with six or more units under New York State law. The New York State Landlord and Tenant Laws protect your ability to request an assignment, but landlords can have reasons to deny it.

What Types of Properties or Leases Allow Assignments?

• Rental buildings with six or more units: You have a right to request an assignment, but your landlord can refuse without a reason (they must respond in writing within 30 days).
• Rent-stabilized apartments: Special rules apply—assignments are usually not permitted unless your lease specifically allows it.
• Subletting vs. assignment: Subletting means you remain legally responsible; assignment means the new tenant takes over your lease entirely.

Key New York Lease Assignment Laws and Regulations

• New York Real Property Law § 226-b (Tenant's right to assign lease or sublet)
• NYS Homes and Community Renewal: Renters’ Rights

Always review your lease before pursuing a transfer, as some leases contain extra conditions or restrictions.

Required Forms and How to Use Them

• Notice of Intent to Assign Lease (No official form number)
  You must submit written notice to your landlord requesting permission to assign your lease. This should include the proposed date, the name and contact of the new tenant, and a request for landlord consent. See an example template and details from NYS HCR’s Assignment & Subletting Guide.
  
  When to use: As soon as you decide to move out before your lease ends and want another tenant to take over. Example: Alex, who rents an apartment in a building with 7 units, lands a job out of state and notifies their landlord, "I wish to assign my lease to Jamie Doe starting April 1; please let me know if you approve."
• Assignment Agreement (No official state form)
  After landlord approval, both you (the current tenant) and the new tenant should sign a written Assignment Agreement. While there is no standard state template, you can use contracts that clearly state the transfer of lease rights and responsibilities.
  
  When to use: After receiving written landlord consent. Example: Both you and the new tenant sign a document that stipulates all lease terms now apply to the new tenant.

If your landlord does not reply to your request within 30 days, their silence counts as a refusal.

Steps to Transfer a Lease to a New Tenant in New York

It’s important to follow every step carefully for your legal protection. Here’s an overview:

• Review your lease to confirm assignment is not prohibited.
• Notify your landlord in writing and request approval to assign your lease. State your plan and provide the new tenant’s information.
• Wait for your landlord’s written response (within 30 days).
• If approved, have you and the new tenant sign an Assignment Agreement.
• Ensure the new tenant provides all information required by the landlord (such as references or proof of income).
• After assignment, your obligations under the lease typically end, unless your landlord specifies otherwise in writing.

What If the Landlord Refuses?

Landlords in New York can refuse a lease assignment for no reason, but they must respond to your request in writing within 30 days. If your landlord does not reply or unfairly withholds consent, you are allowed to cancel your lease and move out upon proper notice (usually 30 days). If you believe your rights are being violated, you may file a complaint or seek recourse with NYS Homes and Community Renewal (HCR Complaints and Enforcement).

Where to Get Help with Lease Transfers

The main government agency handling residential tenancy concerns in New York is NYS Homes and Community Renewal (HCR). Civil disputes may also go to Housing Court in the NYC Housing Court or the local Town & Village Courts.

FAQ: Lease Assignment in New York

1. Can my landlord refuse my request to assign my lease in New York?
   Yes, your landlord can deny your lease assignment for any reason, but they must respond to your written request within 30 days. If they don’t, it counts as a refusal.
2. What happens if my landlord refuses my lease assignment request?
   If your landlord refuses (or doesn’t respond), you may have the right to end your lease early after giving proper notice, usually 30 days in writing.
3. Do I need an official form to assign my lease in New York?
   No state-issued form is required, but you must submit a written request to your landlord and use a written Assignment Agreement if approved. Templates are available from NYS Homes and Community Renewal.
4. Does lease assignment release me from all lease responsibilities?
   Usually, yes—once your landlord approves and the new tenant takes over, you are typically released from responsibility unless the lease says otherwise.
5. Where can I get help with a disputed lease transfer in New York?
   Contact NYS Homes and Community Renewal or, for legal disputes, reach out to the NYC Housing Court or your local Town/Village Court.

Conclusion: Key Takeaways

• You can request to transfer your lease in most NY rental buildings with six or more units, but the landlord can refuse.
• Send a written request for assignment to your landlord, and always wait for written consent before moving forward.
• NYS Homes and Community Renewal provides official guidance and support for renters facing lease assignment issues.

Following each step and using proper documentation is critical to a successful lease transfer. Always keep written records and seek help from official agencies if you’re unsure.

Need Help? Resources for Renters

• NYS Homes and Community Renewal (HCR) – Tenant rights advice, complaint forms, and guidance
• NYS HCR Renters’ Rights Portal
• NYC Housing Court – For disputes in New York City
• NY Attorney General’s Tenant Rights Overview
• Local tenant advocacy groups and legal aid organizations (check with your county)

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1. New York Real Property Law § 226-b: Tenant’s Right to Assign Lease or Sublet
2. NYS HCR Assignment & Subletting Guide (2023)
3. NYS Homes and Community Renewal (HCR): Official Tenancy Resource
4. NYC Housing Court Guide

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