Interview both this person and the actual tenant (the person who originally entered into the lease agreement with you). Once you have ascertained that your original tenant is subletting, document when this occurred and under what terms the new tenant is living there.
If your agreement doesn't say anything about subletting You don't need your landlord's permission but it's usually best to let them know. If they don't want you to sublet your home, your landlord can get a court order to end your tenancy, evict your subtenant and stop you from moving back in.
If you sublet your home when you're not allowed to, your landlord is likely to take action to evict you. If you're a social housing tenant, the consequences are more serious because you might also be committing a criminal offence.
Cons of Subleasing Subleasing can get legally tricky. Many lease agreements have strict rules about subletting, often requiring landlord approval. Be sure to look over your lease agreement and have a conversation with your landlord or property manager to avoid disputes and penalties.
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.
What consequences can arise from illegally subletting an apartment in NYC? Illegally subletting can result in eviction or legal actions from the landlord. If a tenant sublets without proper approval, they risk violating their lease. It's crucial to follow the rules to avoid complications with NYC sublet laws.
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...
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.