Can my landlord refuse a lease takeover?

Yes — under RPL 226-b(1), the landlord requires the landlord's written consent, which the landlord may withhold without cause regardless of building size (unless the lease itself grants a greater right to assign); this does not apply to public housing, other units with constitutional or statutory admission criteria, or co-op proprietary leases. What matters is whether the refusal is reasonable: If consent is unreasonably withheld, the tenant's remedy is a release from the lease on 30 days notice, not a right to assign (New York Real Property Law Section 226-b(1)). If the refusal is reasonable, there is no assignment and no release. The "silence equals consent" deadlines belong to the subletting provision (RPL 226-b(2)), not assignment.

What's the difference between subletting and lease assignment?

In a sublease, the original tenant remains on the lease and is still primarily liable to the landlord for rent. In a lease assignment (takeover), the new tenant replaces the original tenant going forward once the landlord consents, and a signed written release is what ends liability for the original tenant — Landlord consent to an assignment does not by itself end the original tenant's liability; a signed written release does. RPL 226-b also gives them different rules: Under New York Real Property Law Section 226-b(2), a tenant renting pursuant to an existing lease in a building with four or more units generally has the right to sublet with the landlord's written consent, which the landlord cannot unreasonably withhold (the section does not cover public housing, other units with constitutional or statutory admission criteria, or co-op proprietary leases). Assignment does not carry that standard.

Do I need landlord approval for a lease takeover?

Yes — under RPL 226-b(1) you must request the landlord's written consent before assigning, which requires the landlord's written consent, which the landlord may withhold without cause regardless of building size (unless the lease itself grants a greater right to assign); this does not apply to public housing, other units with constitutional or statutory admission criteria, or co-op proprietary leases. The statute does not specify a delivery method, though sending it in a form you can prove was received (such as certified mail, return receipt requested) is good practice. If consent is unreasonably withheld, the tenant's remedy is a release from the lease on 30 days notice, not a right to assign (New York Real Property Law Section 226-b(1)). Have a NY tenant attorney review your specific situation before sending.

What happens if my landlord doesn't respond?

For an assignment under RPL 226-b(1), silence is not deemed consent — that "silence = consent" rule comes from the sublet provision (RPL 226-b(2)), not the assignment provision. In practice a non-response is treated as withholding consent, and whether that withholding is unreasonable (which is what unlocks the release remedy) is fact-specific. Talk to a tenant attorney before relying on a non-response.

How do I find lease takeover apartments in NYC?

Leaseswap tracks lease takeover listings across NYC. These are apartments where current tenants are looking to transfer their lease to a new tenant. Set up free alerts to be notified when new lease takeover listings match your criteria — you'll be among the first to know about new opportunities.

How can I avoid lease takeover scams?

Always verify the current tenant's identity with government-issued ID, get a copy of the current lease, and contact the landlord directly to confirm they're aware of the assignment. Never pay large sums before verifying all details, and use traceable payment methods. Be wary of deals that seem too good to be true or people who refuse to meet in person.

Lease Takeover NYC: Your Rights & Listings (2026)

Q: What if my lease says I cannot assign it?

RPL 226-b(1) gives you the right to ask the landlord to consent to an assignment even if your lease says no — a flat anti-assignment clause cannot strip that statutory right (requires the landlord's written consent, which the landlord may withhold without cause regardless of building size (unless the lease itself grants a greater right to assign); this does not apply to public housing, other units with constitutional or statutory admission criteria, or co-op proprietary leases). If consent is unreasonably withheld, the tenant's remedy is a release from the lease on 30 days notice, not a right to assign (New York Real Property Law Section 226-b(1)). This area is fact-specific; talk to a tenant attorney before relying on this.

Quick guide

A lease takeover in NYC — legally a lease assignment under RPL 226-b(1) — lets a new tenant step completely into your shoes for the rest of the lease. Unlike subletting, you can exit the lease entirely: the landlord consents to the assignment and signs a written release, which is what actually ends your liability.

This guide covers your statutory rights, the practical process, and how to avoid the scams common in the NYC takeover market. Leaseswap aggregates lease takeover listings from across NYC so you don't have to refresh five sites.

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130 live takeovers

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What is it?

Lease takeover, in plain English.

The term "lease takeover" is what most people search for, but legally it's called a lease assignment. They mean the same thing.

The definition

A lease takeover — a lease assignment under NY Real Property Law § 226-b(1) — is when the current tenant transfers all of their lease rights and obligations to a new tenant, with the landlord's consent. The new tenant "steps into the shoes" of the original tenant and takes over responsibility for rent.

Why people do it

Job relocation outside NYC
Need to break a lease early without penalty
Moving in with a partner or buying a home
Finding a better apartment mid-lease

An assignment is one of several ways to exit a lease early; see our breaking a lease in NYC guide for how it compares to subletting, a negotiated surrender, and your statutory options.

Assignment vs sublet

Two different rules, often confused.

RPL 226-b treats assignment and subletting very differently — different landlord-consent rules, different remedies, different paperwork. If you only need to be away for a few months, a summer sublet may fit better than a full assignment.

Lease assignment

best when leaving for good

Full transfer — the new tenant completely replaces you on the lease.
Liability released - with a signed written release alongside the assignment, you are no longer responsible for rent. Consent alone does not release you.
Landlord consent — consent may be withheld without cause regardless of building size, but if it is unreasonably withheld you can request release on 30 days' notice (RPL 226-b(1)).
Statutory backstop — a no-assignment clause in your lease doesn’t override your right to ask, or the release remedy when consent is unreasonably withheld.

Subletting

temporary absence

Temporary — you remain on the lease and intend to return.
Liability remains — you stay primarily responsible to the landlord for rent.
Different consent rule — under RPL 226-b(2), in buildings of 4+ units the landlord may not unreasonably withhold consent, and silence past statutory deadlines can be deemed consent.
Strict notice format — the sublet request has specific content and certified-mail requirements set by statute.

Takeover vs sublease vs lease break

	Takeover (assignment)	Sublease	Lease break
You stay on lease?	No — full transfer if approved	Yes — you're still liable	N/A — lease ends
Landlord consent rule	May withhold consent without cause regardless of building size; an unreasonable refusal lets you request release on 30 days’ notice	In 4+ unit buildings, consent cannot be unreasonably withheld	Depends on lease terms and negotiation
Cost to tenant	No statutory fee, though some landlords charge processing	Original tenant remains liable for rent	Varies — check your lease for early termination penalties
Legal basis	RPL 226-b(1)	RPL 226-b(2)	Lease terms
Best for	Leaving NYC permanently	Temporary absence	Emergency departure

NYC Rent Guidelines Board — Subletting FAQs →

Your rights

RPL 226-b(1), in three sentences.

New York Real Property Law § 226-b is the key statute. It treats assignment (subsection 1) and sublet (subsection 2) very differently — make sure you're reading the right one for your situation.

The assignment rule

A tenant in an unexpired lease may not assign without the landlord's written consent, and the landlord may withhold that consent without cause regardless of building size (this does not apply to public housing, other units with statutory admission criteria, or co-op proprietary leases). The exit hinges on reasonableness: if consent is unreasonably withheld, you can request release from the lease on 30 days' written notice, and that release is the statute's sole remedy. If the refusal is reasonable, there is no assignment and you are not released.

RPL 226-b(1) doesn't require a specific delivery method — but sending your request via certified mail, return receipt requested is a recommended way to prove when the landlord received it. Keep copies of everything.

Important — don't confuse this with the sublet rule

The well-known "landlord cannot unreasonably withhold consent" rule — and the "silence = consent" deadlines — come from RPL 226-b(2), the sublet provision, and apply only in buildings of four or more units. Those rules do not apply to assignments. Plenty of online guides mix this up. If you're unsure which one fits your situation, talk to a tenant attorney before sending anything.

Possible outcomes after you send the request

Landlord response	What happens	Your options
Approves	Assignment proceeds as planned	Sign assignment agreement with new tenant
Refuses unreasonably	No assignment — but the statutory exit opens	Request release from the lease on 30 days' written notice (the statute's sole remedy)
Refuses reasonably	No assignment and no release — the lease stands	Address the stated objection (often the assignee), propose a stronger candidate, or negotiate a surrender
No response	Silence is not deemed consent for assignments — in practice it is treated as withholding consent	Whether a non-response is unreasonable is fact-specific. Talk to a tenant attorney before giving notice.

NY Real Property Law § 226-b →

Why landlords often say yes

You bring a creditworthy replacement tenant up front.
The unit re-rents seamlessly, no vacancy.
The proposed assignee's income and references are strong.
The alternative is the landlord losing rent and re-marketing.

When a refusal unlocks the exit

If consent is unreasonably withheld, you can request release from the lease on 30 days' notice, and that release is the statute's sole remedy.
Refusing a well-qualified assignee with no stated reason is the classic fact pattern tenants argue is unreasonable.
A reasonable refusal (for example, an assignee who cannot document income) means no assignment and no release.
Reasonableness is fact-specific and often disputed. Document everything in writing and have a tenant attorney assess it before you give notice.

The process

What the path generally looks like.

Every situation is different. The steps below describe the typical path tenants take — but the formal notice and any release of liability should be reviewed by a NY-licensed attorney before you act.

Read your lease
Review your lease for any assignment or subletting provisions. RPL 226-b(1) gives you the right to ask even if the lease says no — but the rest of the lease (notice address, late-fee terms, security deposit handling) still controls.
Find a strong proposed assignee
A landlord is much more likely to say yes when the proposed assignee looks like a good tenant: stable income, clean references, no rental issues. A strong assignee also matters if they say no: refusing a well-qualified replacement without a stated reason is the fact pattern tenants argue is an unreasonable refusal, which is what unlocks the release remedy.
Send a written request
Send a written assignment request to your landlord, including the proposed assignee's name, current address, employment information, and references. RPL 226-b(1) doesn't specify a delivery method — certified mail, return receipt requested is optional but recommended so you can prove when the landlord received it. Keep copies.
Wait for the response
The landlord may consent, refuse, or not respond. If consent is unreasonably withheld, you can request release from the lease on 30 days' written notice, and that release is the statute's sole remedy. If the refusal is reasonable, there is no assignment and no release. Document the response, the date, and any reasons given.
Either assign or pursue the release
If the landlord consents, sign an assignment agreement — ideally drafted or reviewed by an attorney — that releases you from further liability and transfers the lease. If consent was unreasonably withheld, request release with written notice and plan your move; have an attorney assess the reasonableness question first.

Timeline

How long does a lease takeover take in NYC?

Plan for 2 to 6 weeks from start to finish, depending on how quickly the landlord responds and whether you assign or use the 30-day release path.

Week 1Find a strong proposed assignee and gather their application materials.
Week 1–2Send the formal written request (certified mail recommended, not required).
Weeks 2–4Wait for the landlord's response. Many respond within a week or two.
Weeks 3–6Either execute the assignment, or — if consent was unreasonably withheld — request release with a 30-day notice and plan the move.

A cooperative landlord and a strong assignee can wrap the whole process in about 2 weeks. A slow or hostile landlord pushes you toward the 30-day release path, which applies only when consent is unreasonably withheld.

Red flags

Lease takeover scams are unfortunately common.

Protect yourself with these verification steps. If something feels off, walk away — there's another listing tomorrow.

Common warning signs

Asking for large upfront payments before you see the apartment
Pressure to sign quickly without time to verify details
Unable or unwilling to show you a copy of the current lease
Price seems too good to be true for the neighborhood
Communication only via text or email, refuses to meet in person

Verify everything

Verify the current tenant

Ask for government-issued ID matching the lease
Request to see utility bills in their name
Meet them at the apartment during normal hours
Look up the building on NYC property records

Verify the lease

Get a copy of the current signed lease
Confirm the lease end date and rent amount
Check that landlord contact info matches public records
Verify the apartment address is accurate

Verify with the landlord

Contact the landlord directly (find info independently)
Confirm they know about the assignment request
Ask about any outstanding rent or issues
Get the landlord's approval in writing

Protect your payment

Never pay cash — use traceable payment methods
Don't pay until you've verified everything
Keep all receipts and documentation
Consider an escrow service for large amounts

NY Department of State — Consumer Alerts →

2026 update

Takeovers after the FARE Act, in 2026.

The FARE Act (NYC Local Law 119 of 2024, effective June 11, 2025) ended tenant-paid fees on landlord-hired brokers. That reshuffled why a takeover is worth chasing in 2026.

What the FARE Act changed

Since June 11, 2025, whoever hires a rental broker pays that broker. For most landlord-marketed listings, the landlord now pays the fee. "Skipping the broker fee" used to be the headline reason to take over a lease. That advantage is now the market default, so it no longer sets takeovers apart. Our FARE Act guide covers the new fee rules in detail.

Why takeovers still win in 2026

You inherit the current rent. A lease signed months ago is often priced below what the same unit would list for today.
No bidding war. You negotiate with one departing tenant instead of competing at an open house.
Mid-lease and mid-month move-ins that regular listings rarely offer.
Your assignment rights are unchanged. The FARE Act did not touch RPL 226-b.

The practical takeaway: judge a 2026 takeover on the rent itself, not on fee savings. Compare the lease rent against current asking rents for similar units nearby, then browse live NYC lease takeovers by borough and neighborhood to see what is actually available today.

Reference

What to ask for, what to read next.

Related guides

Sources

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FAQs

Common questions

Everything you need to know about lease takeovers and assignments in NYC.

Sources: RPL 226-b, NY AG Tenants' Rights Guide

Yes. A lease takeover is legally a "lease assignment" under New York Real Property Law § 226-b(1). You have the right to ask your landlord to consent to an assignment, which requires the landlord's written consent, which the landlord may withhold without cause regardless of building size (unless the lease itself grants a greater right to assign); this does not apply to public housing, other units with constitutional or statutory admission criteria, or co-op proprietary leases. If consent is unreasonably withheld, the tenant's remedy is a release from the lease on 30 days notice, not a right to assign (New York Real Property Law Section 226-b(1)).