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.
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...
Arizona law (ARS § 33-1378) indicates that: “A person who is a guest of a tenant who is not named on a written lease and who remains on the premises without the permission of the tenant or the landlord is not a lawful tenant and that person's presence in or on the premises does not constitute residency or tenancy.
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.
Arizona law doesn't provide specific guidelines on subleasing for general residential properties. Instead, it largely depends on the original lease. If the lease allows subleasing or doesn't mention it at all, tenants can proceed with a sublease after getting written approval from their landlord.
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 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.
If you've sublet your home unlawfully Your landlord could take legal action against you. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.
Cons of Subleasing Not all subleasers are dependable; sometimes, they sublet because they can't make ends meet, which can be an issue. Although the original tenant is financially responsible, that doesn't remove all risk for landlords.
The cons of sub leasing for sublessees Risk of sublessor default. Perhaps the most significant risk that you need to consider is the chance of your sublessor defaulting or breaching the terms of the original lease. Unfavourable lease terms. Less flexibility to customise. Maintenance Delays.