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.
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.
The NYC Multiple Dwelling Law requires sublets to be for at least 30 days. Shorter stays may violate city regulations, making it crucial to adhere to these guidelines. Tenants must often seek landlord approval before subletting. Some leases allow subletting without prior consent, while others require it.
If your landlord is on board, there are some additional steps you should take to protect yourself: Screen your subtenant. Don't just take the word of a friend or relative on this person being wonderful. Sign a subletting agreement. Get a security deposit.
Subletting your apartment without informing your landlord is generally not advisable and may violate your lease agreement. Most lease agreements require tenants to obtain permission from the landlord before subletting. If you sublet without notifying your landlord, you could face consequences such as:
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.
New Jersey law requires tenants to obtain written consent from their landlord before subleasing. This is a crucial step because, without permission, subletting is generally not allowed.
(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.
There are several ways to report suspected illegal short-term rentals in your building or neighborhood. You can call 311 and follow the prompts; or submit a complaint online.
There are Limitations on Subleases If you illegally sublet your apartment, you could be fined up to $7,5000.