New York City law allows market-rate and rent-stabilized tenants to sublet their apartments if they live in a building with four or more units. New York City law does not allow tenants that live in multiple dwellings (3 apartments or more) to sublet apartments for less than thirty days.
What happens if you illegally sublet in NYC? If you illegally sublet your apartment in New York City, breaking the terms of your lease agreement, you could face consequences such as fines or even eviction.
In a sublease, there are three parties: the landlord, the original tenant (sublessor), and a new tenant (sublessee). The original tenant remains responsible to the landlord, while the sublessee pays rent to the sublessor and occupies the property under the terms agreed upon in the sublease.
Subletting without landlords approval unless stated in the lease is absolutely illegal.
If your landlord agrees in writing, you can lease your apartment to another person. If you will be returning to live in your apartment after the other person leaves, this is called a sublease. If you would like to sublease your apartment, you must first tell your landlord that you want to do this.
Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
A tenant must have their landlord's written permission before subletting or assigning their tenancy. A landlord can't unreasonably refuse a sublet or assignment if there are six months or more remaining on the tenancy term.