Subleasing is a popular option for renters who want to share their space or offset their rent costs. In New York, subleasing is allowed under certain conditions, and tenants need to be aware of the rules and regulations that govern the process.
New York State law requires that tenants obtain written consent from their landlord before subletting their apartment. Landlords can unconditionally withhold consent, provided they release the tenant from their lease upon request. If the landlord unreasonably withholds consent, the tenant can still sublet, and the landlord must pay any costs incurred by the tenant.
If a tenant is renting a residence in a dwelling with four or more residential units, they have the right to sublease their premises.
If a tenant is renting a residence in a dwelling with four or more residential units, they have the right to sublease their premises. The tenant must inform the landlord of their intent to sublease by mailing a notice of intent by certified mail, return receipt requested. The request must include the term of the sublease, the name and address of the proposed sublessee, the tenant’s reason for subletting, and a copy of the proposed sublease.
The landlord has ten days to request additional information from the tenant, and within thirty days of the request for consent or additional information, the landlord must send a notice of consent or refusal. If the landlord consents, the tenant can sublet the premises, but the tenant remains liable for the performance of their obligations under the lease.
It is important to note that any sublet or assignment that does not comply with the provisions of this section constitutes a substantial breach of the lease or tenancy. Moreover, any provision of a lease or rental agreement that purports to waive a provision of this section is null and void.
This section applies to all leases entered into or renewed, regardless of whether the lease was signed before or after the effective date of this section. However, it does not apply to public housing, other units for which there are constitutional or statutory criteria covering admission, or a proprietary lease to a tenant entitled by reason of ownership of stock in a corporate owner of premises that operates on a cooperative basis.
Finally, while the Emergency Tenant Protection Act of 1974 and the Rent Stabilization Law of 1969 permit subletting, the exercise of the rights granted by this section is subject to the applicable provisions of such laws.
In short, If you are a tenant in New York looking to sublet your apartment, it is essential to follow the rules and regulations governing subleasing. Failure to comply with these provisions can result in a substantial breach of lease or tenancy. Make sure you understand your rights and obligations under the law before subletting your premises.