The terms sublet and sublease are often used synonymously, but they have very different meanings. The gist is that a sublet occurs when you find a new renter for the property who will sign a new lease with the landlord, while a sublease occupies the space without signing a lease directly with the landlord.
Subletting Can Impact Property Values Parking becomes difficult, there are higher utility costs, and the neighborhood won't be as appealing to prospective buyers.
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.
(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.
How to create a sublease agreement Provide a description of the property. Add the names of the tenant and subtenant. Lay out the terms. Discuss any additional information. Decide the amount of rent. Determine the security deposit amount. State any late fees. List the policies and/or conditions.
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.
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.
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.