Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    25 Broad St., # 17P, is a one bedroom on the market for $985,000.
    Rent
    Financial District takes the #1 spot on StreetEasy’s top neighborhoods to watch in 2026
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
    image
    The Search
    How to move to NYC: A crash course for finding an apartment
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Bronx Park South housing lottery
    Rent
    Housing lottery launches for 53 rent-stabilized units near Bronx Zoo
    Manhattan apartment building
    Rent
    Cool homes for all: A guide to NYC’s new AC mandate for rentals
    Apartment buildings on Bedford Street in Williamsburg, Brooklyn
    Rent
    Ask Altagracia: What are my rights if I’m renting month to month in NYC?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    image
    Staging + Open Houses
    The best plants for staging your NYC apartment to sell in winter
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    Lower Manhattan buildings
    Sell
    Manhattan deals and median sales price rise for fifth consecutive time
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    The W. R. Grace Mansion 31 East 38th Street Manhattan
    Live
    Mayor Grace’s house at 31 East 38th St.: An expensive façade drew a series of prominent owners
    6 St. Luke’s Place in Greenwich Village
    Live
    Mayor Walker’s House at 6 St. Luke's Pl.: Showgirls, corruption, and a $25,000 renovation
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    Park Avenue kitchen update by Prime Renovations with IKEA cabinets
    Renovation
    IKEA vs. Home Depot: Which should you choose for a NYC kitchen renovation?
    renovating before selling
    Renovation
    How much should you renovate your NYC apartment or house before selling?
    one-bedroom floor-through loft at 419 Wythe Ave. in Williamsburg
    Renovation
    The 7 best ways to find a short-term rental while you renovate your NYC apartment
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Brick exterior of a building in Chelsea, Manhattan
    Rent
    Ask Altagracia: I had to hire an exterminator. Can I deduct the cost from my rent?
    Sponsored By Outerbridge Law P.C.
    Apartment buildings on Bedford Street in Williamsburg, Brooklyn
    Rent
    Ask Altagracia: What are my rights if I’m renting month to month in NYC?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Altagracia: Can my landlord refuse a lease assignment if I need to break my lease?

  • A landlord cannot unreasonably refuse a request to assign your lease
  • Breaking your lease outright may be simpler than assigning or subletting
By Outerbridge Law P.C.  | August 20, 2025 - 11:30AM
Woman walking down street in Jackson Heights

If your landlord unreasonably refuses your proposed assignment, you can still assign or sublet the apartment and recover your legal fees if there’s a dispute.

iStock

SHARE:
Share to Facebook
Share to Twitter
Print
More...

I need to break my lease and have already found someone to replace me, but the landlord says this is unacceptable. Can my landlord refuse a lease assignment?

You cannot assign or sublet your apartment without the landlord’s approval. At the same time, the landlord cannot unreasonably refuse your request. “Your protections are outlined in section 226-b of the real property law, which lists the actions you need to take to get out of your lease,” said Altagracia Pierre-Outerbridge, attorney and founder of Outerbridge Law representing residential tenants, condo owners and landlords. 

What’s more, if your landlord unreasonably refuses your assignment, you can still assign or sublet the apartment and recover your legal fees if there’s a dispute. “In that situation, you as the tenant who is wronged, can have your attorney’s fees reimbursed,” Pierre-Outerbridge said. 

Breaking your lease with an assignment or sublet

Assigning an apartment is a way of handing off the rental to a new tenant for the rest of the lease term. This is different from a sublet, where a new tenant takes over the rental but you plan to return before the end of the lease term. 

The request sent to your landlord regarding assigning the lease must have specific information including the name and address of the new tenant. The landlord then has an opportunity to request more information. “There’s a strict timeline for the tenant and landlord to follow,” Pierre-Outerbridge said. 

Say you want to assign the lease to a friend: If the landlord isn’t responding to your request to assign a lease, after 30 days you can assign the apartment regardless. A lack of communication once you’ve sent the necessary notifications is a default consent. If the landlord later files proceedings against you for non-payment and refuses to recognize the new tenant, an attorney can help you fight the case. If successful, your legal fees will be reimbursed.

Keep in mind, if your proposed assignee doesn’t have strong financials or a stable rental history, your landlord may have grounds to reasonably reject the request.

Consider breaking a lease without assigning it

Even though your landlord cannot unreasonably refuse a lease assignment, you may want to consider simply ending the lease early. “The landlord is in the business of renting—so when you are told to assign or sublet in order to break your lease, that is a bad faith move on the part of the landlord,” Pierre-Outerbridge said. 

Tenants in New York have a level of protection in a lease break situation because the landlord has a duty to mitigate damages. This means they must do everything possible to rent the apartment once you leave and reduce their own losses. “In the best scenario, you leave, the landlord finds a new tenant, and you are off the hook for the remaining rent,” Pierre-Outerbridge said. This will require a notification to your landlord and ideally an agreement allowing you to leave without being liable for further rent.

The bottom line: whether you’re assigning, subletting, or trying to break your lease outright, the law gives tenants protections—but only if you follow the required steps and deadlines. If your landlord pushes back, an attorney can help you assert your rights and even recover legal fees in the process.


Altagracia Pierre-Outerbridge, Esq. is the owner of Outerbridge Law P.C, focusing primarily on tenant representation. The firm represents all sides in landlord-tenant litigation and transactional matters such as month-to-month holdovers, nuisance cases, licensee cases, harassment claims, repair cases, tenant buyouts, succession claims, DHCR overcharges and rent reductions and more. Pierre-Outerbridge has 15 years of experience litigating in Supreme, DHCR, and Housing Court. To submit a question for this column, click here. To contact Outerbridge Law P.C. directly, call 212-364-5612 or 877-OUTERBRIDGE, or schedule a meeting today.

You Might Also Like

Distressed woman sitting in her apartment
Troubleshooting Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
Apartment buildings in Little Italy
Roommates + Landlords Ask Altagracia: My landlord hasn’t refunded my security deposit. What’s my next step?
Bedroom with cast iron radiator
Affordable Housing Ask Altagracia: Is a landlord supposed to cover the cost of heat in a rent-stabilized apartment?

 

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia leases
SHARE
TWEET
BRICK’S PICKS
renovating before selling
How much should you renovate your NYC apartment or house before selling?
staged outdoor space NYC at 212 East 70st St. #4b
Selling in winter? Here's how to stage your outdoor space
Man looking at his phone in NYC street
Why you should check reviews from current tenants before you sign a new lease
brownstone NYC
You bought a NYC brownstone. How are you going to manage it?
three-bedroom duplex condo in Williamsburg is listed for $1.8 million
How much does moving to the suburbs cost vs. staying in NYC?
880 Fifth Ave., PHF, a two-bedroom co-op listed for $6.975 million
The pros and cons of owning a NYC penthouse apartment
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login | Powered by Mortar CMS, the AI CMS