If you sublet without notifying your landlord, you could face consequences such as: Eviction: Your landlord may have the right to terminate your lease. Legal Action: They could take legal action against you for breaching the lease terms.
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.
Here are some questions to ask a potential subletter: Where are you employed, and what is your monthly after-tax income? Why are you seeking short-term housing? How many people will be living in the apartment? Any children? Any pets? Do you plan on having any social events or guests staying at the apartment?
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.
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.
If you have a lease for a set term, like one year, you can sublet with or without your landlord's permission, unless they prohibit this in the written 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...