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're released from the lease once the landlord consents.
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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Lease takeover, in plain English.
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.
- 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
Two different rules, often confused.
Lease assignment
- Full transfer — the new tenant completely replaces you on the lease.
- Liability released — if the landlord consents, you're no longer responsible for rent.
- Landlord consent — the landlord may refuse for any reason, but a refusal triggers your right to leave on 30 days' notice (RPL 226-b(1)).
- Statutory backstop — a no-assignment clause in your lease doesn't override your right to ask and your right to be released if refused.
Subletting
- 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 refuse for any reason; refusal triggers your right to leave 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 |
RPL 226-b(1), in three sentences.
A tenant in an unexpired lease may not assign without the landlord's written consent. The landlord may withhold that consent for any reason — or no reason — and doesn't need to be "reasonable" about it. But if the landlord denies the request, the tenant has the right to be released from the lease on 30 days' written notice of intent to vacate, with no further penalty.
Send your request via certified mail, return receipt requested so you have proof of when the landlord received it. Keep copies of everything.
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 | Assignment denied — but you gain a statutory exit | Give 30 days' written notice and vacate without further penalty |
| No response | Treated as a refusal in practice — silence is not deemed consent for assignments | Same release path: 30 days' notice and vacate. Talk to an attorney before assuming consent. |
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.
Why a refusal still works for you
- A clear refusal triggers your statutory right to leave on 30 days' notice.
- You don't need to prove the refusal was unreasonable.
- No early-termination penalty is owed beyond rent through your notice period.
- Document everything in writing — the request, the response, your notice of intent to vacate.
What the path generally looks like.
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. If they refuse anyway, you still gain the right to leave — but a strong assignee maximizes your chance of a clean approval.
Send a written request
Send a written assignment request to your landlord — certified mail, return receipt requested — including the proposed assignee's name, current address, employment information, and references. Keep copies.
Wait for the response
The landlord may consent, refuse, or not respond. A refusal — or non-response — triggers your right to leave on 30 days' written notice. Document the date you receive the response (or the date you decide non-response is effectively a refusal).
Either assign or give notice and vacate
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 the landlord refuses, send a written notice of intent to vacate and plan your move.
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 via certified mail.
- Weeks 2–4Wait for the landlord's response. Many respond within a week or two.
- Weeks 3–6Either execute the assignment, or — if denied — send a 30-day notice of intent to vacate 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 generally pushes you onto the 30-day release path.
Lease takeover scams are unfortunately common.
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
What to ask for, what to read next.
Two ways to use a lease takeover.
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Everything you need to know about lease takeovers and assignments in NYC.