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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.
Under California law, unless the lease specifically prohibits subletting, tenants may have the right to sublease their rental unit. In this case, you would not be able to unreasonably withhold consent.
Legal Right to Sublet They must typically obtain the landlord's explicit written consent. This consent could be part of the original lease or through a separate agreement. Landlords can screen subtenants and deny them based on legally acceptable reasons, but they cannot withhold consent unreasonably.
How to write a sublease contract 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.
A tenant that sublets short term rentals in violation of the lease risks getting evicted and possible legal action. They may also face penalties and fines from the local jurisdiction for not complying with the law.
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.
The new tenant (or subtenant) becomes a tenant under the Residential Tenancies Act, so a landlord has the authority to evict the subtenant for the reasons listed in the Act. The original tenant may also be able to evict the subtenant if they assumed the role of landlord for the subtenant.
Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet.
If you have a lease for a set term, like one year, you can sublet with or without your landlord's permission, unless they prohibit this in the written lease.
So first, in NYC a landlord cannot unreasonably deny a request to sublet. You must submit a written request at least 30 days in advance, and it must include things like who you'll be subletting to, why you're wanting to sublet, where you'll be during this period, etc...