Sublease Property Agreement Without Landlord's Permission In Queens
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FAQ
What happens if you illegally sublet in NYC? If you illegally sublet your apartment in New York City, breaking the terms of your lease agreement, you could face consequences such as fines or even eviction.
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:
(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.
Realistically, you can choose to not allow them entry and there's not anything they can do. The worst they can do is decide not to renew your lease, which is not a problem since you're leaving anyway. They also have no right to ask you not to be there when they are showing the property.
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.
Subleases & Roommates. 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 ...
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.
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...
(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.
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.
