A lease takeover (legally defined as a Lease Assignment under RPL 226-b) lets you transfer your entire lease to a new tenant who takes over all rights and responsibilities.
Unlike subletting, in an assignment the original tenant is completely released from the lease. This guide covers your legal rights, the step-by-step process, and how to avoid common scams in the NYC lease takeover market.
- Legal term:
- A "lease takeover" is legally called a "lease assignment" under NY Real Property Law. (Source)
- Your right:
- Under RPL 226-b, landlords cannot unreasonably withhold consent to a lease assignment. (Source)
- Response deadline:
- Landlords must respond within 30 days or consent is deemed granted. (Source)
What is a Lease Takeover?
The term "lease takeover" is what most people search for, but legally it's called a lease assignment.
Lease Takeover = Lease Assignment
A lease takeover (legally defined as a Lease Assignment under NY Real Property Law § 226-b) is when the current tenant transfers all their lease rights and obligations to a new tenant. The new tenant "steps into the shoes" of the original tenant and takes over responsibility for rent.
Assignment vs. Subletting
These are often confused, but they have very different legal implications.
Lease Assignment
Recommended for leavingFull transfer: New tenant completely replaces you on the lease
Liability released: Original tenant is no longer responsible for rent
Permanent: For the remainder of the lease term
Protected by law: RPL 226-b limits landlord refusal
Subletting
Temporary absenceTemporary: Original tenant remains on the lease
Liability remains: Original tenant still responsible for rent
Time-limited: Usually for a specific period (e.g., 6 months)
Different rules: Covered by RPL 226-b but with different provisions
Your Rights Under RPL 226-b
New York Real Property Law § 226-b is the key statute protecting your right to assign your lease.
The 30-Day Rule
Under RPL 226-b, when you submit a written lease assignment request, your landlord has exactly 30 days to respond. If they fail to respond within this period, consent is deemed granted.
This is why sending your request via certified mail with return receipt is critical—it creates proof of the date received.
Landlord Response Matrix
| Landlord Response | What Happens | Your Options |
|---|---|---|
Approves | Assignment proceeds as planned | Sign assignment agreement with new tenant |
No response (30+ days) | Consent is deemed granted | Proceed with assignment (document the deadline) |
Refuses with valid reason | Assignment denied (e.g., bad credit, inability to pay) | Find different assignee or remain on lease |
Refuses unreasonably | Tenant may be released from lease | Give 30 days notice and vacate with no penalty |
Valid reasons to refuse
- Poor credit history of proposed assignee
- Insufficient income to pay rent
- Negative references from previous landlords
- Proposed assignee has history of evictions
Invalid (unreasonable) reasons
- Wanting to raise rent above legal amount
- Personal dislike of proposed assignee
- Wanting to convert unit to different use
- Generic "policy against assignments"
Step-by-Step Process
Follow these steps to successfully complete a lease assignment in NYC.
Check Your Lease for Assignment Clause
Review your lease for any provisions about assignment or subletting. Even if your lease prohibits assignment, RPL 226-b still gives you the right to request one—the law overrides lease restrictions.
Find a Qualified Replacement Tenant
Screen potential assignees for creditworthiness and ability to pay rent. The landlord will evaluate them, so choose someone with strong financials. Consider using Leaseswap's listing tools to find qualified candidates.
Submit Formal Written Request
Send a written request to your landlord via certified mail, return receipt requested. Include the proposed assignee's name, current address, employment information, and references.
Wait for Landlord Response (30-Day Rule)
The landlord has 30 days to respond from when they receive your request. If they don't respond, consent is deemed granted. If they refuse unreasonably, you may be released from your lease.
Execute Assignment Agreement
Once approved (or consent deemed granted), sign an assignment agreement that transfers all lease rights and obligations to the new tenant. Both parties should keep signed copies.
How to Avoid Lease Takeover Scams
Lease takeover scams are unfortunately common in NYC. Protect yourself with these verification steps.
Common Scam 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/email, refuses to meet in person
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 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 using an escrow service for large amounts
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