New York Sublease Agreement for Apartment
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How to fill out Sublease Agreement For Apartment?
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FAQ
Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet.
The landlord is not allowed to simply use self help in evicting the subtenant. The landlord must follow the proper notice and Court procedures even when evicting a subtenant. Failure to do so may result in a Court allowing the subtenant to temporarily remain in possession.
The short answer is: yes, it is legal to sublease in NYC. Under the New York City sublease laws, tenants renting in a building with four or more units have the right to sublet their apartment.
First, in New York City you need to get permission from your landlord to sublease your apartment. You should send your landlord a formal request by certified mail, and you must also provide a valid reason for subletting. Before you ask, check the terms of your lease to see if there are any restrictions on subletting.
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet.
If you want to evict due to the tenant not paying the rent, a 14-Day Demand For Rent Notice must be issued. For tenants who fail to comply with other terms of the lease, a 30-Day Notice should be given. If the tenant doesn't comply with the notice, you can then file a legal eviction lawsuit in court.
If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home. Also, your landlord can't attach conditions if they allow you to sublet.
In general, secured and assured tenancies allow subletting as long as the tenancy agreement allows for it and the landlord consents. That being said, some restrictions may apply depending on: The location of the rental property.