In a sub-letting arrangement, the tenant can rent part or all the property to another person. The tenant remains the landlord's tenant and is still responsible for the tenancy, including the actions of the sub-tenant.
A sublease is a lease by the lessee of an estate to a third person, conveying all or part of the estate for a shorter term than that for which the lessee holds originally. A sublease is a new contract between the lessee and the sublessee. The original lessee turns into a sublessor in this new contract.
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.
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.
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.
For example, if a tenant is renting an apartment in Chicago with a 12-month lease and, during month four, that tenant receives a job offer in Boston, the tenant may decide to sublease the apartment to another tenant for the remaining eight months.
Writing Your Sublease State the name of the parties and the date of the contract. Identify the property. Provide the term of the sublease. State the rent schedule and amount. Include a section on the security deposit. Sign and date the contract. Deliver the contract to your landlord.
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.
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.
A sublease or sublet contract is a document that states a rental property or portion of a rental property is rented to another tenant for a short-term stay. If you want to sublease your room or rental unit, you need a sublease agreement, which is a written document that acts as a lease within a lease.