New York Sublease Agreement
Description
How to fill out Sublease Agreement?
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FAQ
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.
Subletting all of your home is only possible if your tenancy is still within the contractual period. However, you should get your landlord's consent. This is because it is possible for your landlord to apply to court to evict you if you sublet the whole property without their consent.
According to New York State law, most tenants have the legal right to sublet their apartment. However, you still have to ask your landlord for permission to sublet your apartment. The first thing you should do is to notify your landlord of your desire to sublet as they will likely have a procedure in place.
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.
Subletting is legal in NYC. However, there are certain restrictions to navigate before you put ads on Craigslist. For example, you can only sublet your NYC apartment if the building has four or more units. Additionally, some tough restrictions make it difficult to sublease to a short-term resident.
According to New York's Real Property Law, landlords are not entitled to charge a sublet fee, but they might try to do it anyway.
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 your landlord decides to deny your sublet request, the denial must be reasonable. Your landlord cannot unreasonably withhold consent to sublease. If your landlord denies your request, and you believe it was an unreasonable denial of the right to sublet, you can proceed to sublet, but at your own risk.
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.