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.
Yes, they can. If you sublet your unit without your landlord's consent, they have the right to ask you to leave. Subletting without permission can be a violation of the lease agreement, and landlords have the authority to enforce the terms of the lease.
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.
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...
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. Tenants must receive permission from their landlord in order to sublet their apartment by following a very technical procedure set forth by RPL 226-b.
Make Your Request to Sublet in Writing Even if you've orally discussed a sublet in person with your landlord, it's a good idea to follow up the request in writing. This ensures that you're both on the same page regarding the terms of the sublet, and gives you a written record to refer to if memories fail.
If your tenant did not get your permission to sublet and you have a sublet clause in your lease, they have officially broken the lease. This means you can send out a notice to comply or vacate the property. Subletting without permission is cause for eviction, but you aren't required to evict the tenant.
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.