How Do I Draft a Sublease Agreement?

At some point, you may have to leave your rented apartment for a few months for whatever reason. If you don’t want to pay rent while you are gone, a sublease agreement might be beneficial. This allows you to find someone to fill the space temporarily and pay your landlord rent. A New York City tenants’ rights lawyer can tell you if you are eligible to sublet and draw up a formal agreement that protects all parties.

Am I Even Allowed to Make a Sublease Agreement?

If you are a residential tenant, look over your lease agreement. Unless it explicitly states that you cannot ask about a sublease agreement, you should be able to sublet your apartment to an approved sub-tenant. Even if your lease says you cannot sublet, you may still have the right to. You may want to talk to a lawyer.

The first step is to contact your landlord. You’ll want to send them a written request via certified mail that offers them information about your proposed subtenant and other details about the proposed agreement, like how long they will stay. Your landlord can ask for more information within 10 days. Then your landlord must approve or reject your request within 30 days.

If they do not respond, your request is considered approved. If they reject your request, they must have a valid reason. Good examples of valid excuses include concerns over a subtenant’s income or credit score.

What Should Be Included in a Sublease Agreement?

Once you have given your landlord the proper notice and had your request approved, a sublease agreement should be drawn up. This should cover things like:

• The amount of rent paid by the subtenant
• How long the sublease will last
• The amount of the security deposit paid by the subtenant
• Pet policy
• What amenities and common spaces can be used by the subtenant
• Sublease renewal options
• Contact information for the landlord, tenant, and subtenant

The more you have in writing, the less there is to get confused about. You can also leave open the possibility of “assigning” your lease to the subtenant. This can allow them to take over the lease completely if you decide not to return to your rental unit.

Can Commercial Tenants Also Sublease Their Space?

Many commercial tenants can sublease their rented property, as long as their lease allows it. However, they can end up running into different obstacles than a residential tenant would. A landlord can deny subtenants from certain industries or ask to “recapture” control of the space. It’s important to be aware of the unique challenges facing a commercial tenant who wants to sublet before drawing up that sublease agreement.

Talk to a NYC Attorney Today

If you need help understanding your rights as a renter or drafting any kind of formal agreement, contact Robert Rosenblatt & Associates. Schedule a consultation with our team and learn more about how we can be of assistance today.