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.
Start by asking your personal network if they know if someone is looking to take over a lease. Otherwise, post your sublet and market it through apartment rental sites, social media, or even college student newspapers.
Find a Subtenant You can find someone to sublet your apartment by posting on major websites like Sublet. You can also start local. Search for classmates who are looking for a short-term rental. Start by asking your friends and roommates if they know anyone who can fill your spot.
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.
Subletting Can Impact Property Values Parking becomes difficult, there are higher utility costs, and the neighborhood won't be as appealing to prospective buyers.
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.
Step 1: Check your lease Check your rental agreement or lease documentation for specific rules on subletting your apartment. Step 2: Send landlord a letter Send your landlord or building manager a certified letter asking permission to sublet, and wait for approval. Keep copies of all communications.
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.