How to Get Out of a Lease in NYC: Assign vs Sublet, Legally

New York law (RPL 226-b) gives you two structured exits from a lease. Assignment: you transfer the lease entirely; the landlord may refuse, but if they refuse without a good reason they must release you from the lease within 30 days, which makes a written assignment request a low-risk exit move. Sublet: in buildings with 4 or more units, the landlord cannot unreasonably refuse a proper written request, and silence for 30 days counts as consent, but you stay responsible for the lease.

People sign leases and then life happens: a job in another city, a breakup, a place that turned out wrong. One renter's words after signing too fast: "in hindsight, too quickly." If you are staring at months of rent for an apartment you need to leave, here are the two legal doors, and which one fits which situation.

What's the difference between assigning and subletting?

Assignment: the new person takes over your lease completely. Your name comes off. Done right, you walk away clean.
Sublet: the new person rents from YOU. Your name stays on the lease, and if they stop paying, the landlord comes to you.

Same law covers both: RPL section 226-b. But the mechanics, and the risk you keep, are different.

The assignment path (and its hidden gift)

Here is the part of 226-b most renters have never heard: the landlord can refuse an assignment for any reason or none. Sounds bad. But if the landlord refuses without a reasonable basis, the law requires them to release you from the lease within 30 days of your request.

Read that again. Ask to assign, get an unreasonable "no," and your exit is the release itself. Either the assignment goes through (you're out) or an arbitrary refusal frees you in 30 days (you're out). The trap outcome only comes from a REASONABLE refusal, like proposing someone who can't pay.

What to do: Send a written assignment request by certified mail, return receipt: your intent, the proposed date, and the proposed assignee's full information (name, address, income basics). Propose a person who qualifies on paper, then let the 30-day clock run.

The sublet path (when you're coming back, or can't assign)

In buildings with 4 or more units, you have a statutory right to request a sublet, and the landlord cannot unreasonably refuse. The mechanics:

Send the written request by certified mail with the required details: term of the sublet, your reason, your address during the sublet, and the subtenant's name, home and business address, plus the proposed sublease.
The landlord may ask reasonable follow-up questions within 10 days.
If the landlord does not respond within 30 days, that silence counts as consent. The law answers for them.

The cost: you remain fully on the hook. Subtenant stops paying or trashes the place, and it is your problem before it is theirs.

What to do: Vet the subtenant like a landlord would (income, references), collect their deposit yourself, and put everything in a written sublease. The 30-day silence rule only protects requests that included the required information, so make the letter complete.

Which door should I pick?

Leaving for good, and someone solid wants the place: assignment. Clean break, name off the lease.
Leaving temporarily (a work stint, a semester): sublet. You keep the apartment and return.
Leaving for good but the landlord blocks assignment arbitrarily: the 30-day release IS your exit. Take it.
Stabilized unit: sublets have extra rules (there are limits on how long you can sublet, and the unit must remain your primary residence). Check with HCR before you promise anyone anything.

What to do: Decide which outcome you actually want (out forever vs out for a while) before sending anything. The letter you write depends on it.

Common questions

Can my landlord just say no to a sublet in NYC?

In a building with 4+ units, not unreasonably. A proper written request that goes unanswered for 30 days is deemed consented. In smaller buildings the statutory sublet right does not apply, so check your lease.

If I sublet and my subtenant stops paying, who owes the rent?

You do. A sublet keeps you fully responsible to the landlord. That is the price of keeping the lease, and the reason to vet your subtenant seriously.

Does refusing my assignment really cancel my lease?

An unreasonable refusal obligates the landlord to release you within 30 days of the request. A reasonable refusal (an unqualified proposed assignee, for example) does not. Propose someone strong on paper.

What if I just leave and stop paying?

The landlord can sue for the remaining rent, though New York requires them to make reasonable efforts to re-rent (mitigation). The structured exits above are cheaper than a judgment and a collections mark.

Sources: NY Senate, RPL 226-b · NY Attorney General, tenants' rights guide · NY HCR

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