Difference Between Sublet And Sublease In Bronx
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A potentially devastating detriment to a sublease is its subject to the original tenant not defaulting. You could be compliant with your sublease and receive notice your lease is terminated because the original tenant defaulted. You could be subject to the landlord's new terms or be forced to vacate.
Each has different requirements for tenants. A tenant must get a landlord's written permission to sub-let or transfer any part of the property. A landlord cannot unreasonably say no to requests to sub-let part of the property or to add one or more co-tenants to the tenancy.
In New York, subletting laws can be strict, especially in rent-stabilized or rent-controlled apartments. Even in market-rate units, many leases require that the original tenant get permission from the landlord before bringing in a subletter.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
Allowing subletting can sometimes leave landlords feeling like they've lost control over their property. You may not have a direct say in who your tenants choose to sublease to. This situation becomes complex when the agreement is not specific about the terms of subleasing.
While the terms "subletting" and "subleasing" are often used interchangeably, there is a critical difference between the two. In a sublet, the new tenant has a contract directly with the landlord while in a sublease, the new tenant has a contract with the original tenant and no contract with the landlord.
If your tenancy doesn't have a fixed end date you'll need your landlord's permission to sublet your whole home. If they say no, they don't have to give you a reason. If there's a fixed end date for your tenancy, you're allowed to sublet your whole home.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. However, you must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting.
