Subletting

Many New Yorkers sublet their apartment but Can you sublease your apartment without breaking the law?... the answer is "it depends" we did some research!

In New york City, Tenants must obtain approval from the property owner or landlord before subleasing their apartment.

What happens if the property owner doesn't want you to sublease the apartment?

In an apartment complex with fewer than four units, the property owner has the unconditional right to deny you from subleasing your apartment. However, if the property owner “unreasonably” withholds approval, you can be released from your lease after providing thirty days notice. So if you planned to sublease your apartment for six months because you’re moving to another State and the property owner says “no” without a reasonable explanation, you can demand that your landlord release you from the lease upon thirty days notice.

In an apartment complex with four or more units, you must get approval from the landlord. The landlord can only deny your right to sublease when he or she has a “reasonable” explanation for doing so. That means that if you live in a big apartment complex in the city and want to sublease your apartment, you will be allowed to do so unless your landlord gives you a “reasonable” explanation as to why he or she will not approve your sublease.

How exactly do you obtain approval from your landlord? Under New York law, tenants must write a letter to their landlord via certified mail informing the landlord of their intent to sublease the apartment. In this letter, you need to include how long the sublease will last (also known as the “term” of the sublease), the name of the person you are subleasing the apartment to, your reason for subletting, your updated address during the duration of the sublease term, the written consent of any guarantor or cotenant on your lease, and a copy of the sublease agreement. The landlord must respond to your letter within thirty days; if they do not respond within thirty days, their failure to respond constitutes consent and you can sublease your apartment.

Before you sublease your apartment pay attention  two special considerations for New York City subleasing: First, the information above does not apply to rent-stabilized apartments or public housing. Second, because of a law enacted in 2011, New Yorkers cannot sublease their apartment for fewer than thirty days. The law upset many Airbnb hosts and vacation rental owners who were enjoying thousands of dollars of extra income. 

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