What Are Legal Requirements for Subletting in New York City?

You are allowed to sublet your apartment to someone else in New York City, but there are rules that need to be followed. Before subletting your dwelling to someone else, make sure that you have all of your ducks in a row. It’s also wise to consult a New York City tenants’ rights lawyer. We can help you draw up a subletting agreement and help you avoid common legal pitfalls.

Do I Have to Tell My Landlord About Subletting Plans?

First of all, you need to let your landlord know about your subletting plans. You cannot just leave someone else in your apartment to handle the bills and split. You should mail a request by certified mail. Give your landlord as much info about the arrangement as possible, including:

The length of the sublease
The name and address of the person who will be subletting the apartment
How much rent you will be paid
A copy of the sublease and security deposit agreements
Consent from any co-tenant of the apartment

Your landlord will have 10 days to ask for more info and 30 days to approve or deny your request.

Can a Landlord Veto My Subletting Plans?

Yes, landlords can tell their tenants that a sublease agreement is not an option. However, they need to have a valid reason. “I don’t want a subtenant.” is not valid. “The proposed subtenant does not meet income or credit requirements.” is.

Is Subletting the Same as Assigning a Lease?

Subletting is a temporary agreement. It is not the same as assigning a lease. When you sublet your apartment, the understanding is that you have plans to come back after a set amount of time. Assigning a lease to someone else means that you are essentially breaking your lease and agreeing to someone else taking it over for you. Obviously, a landlord would also need to approve of this kind of arrangement.

Is There Anyone Who Is Not Allowed to Sublet?

Some NYC residents are not allowed to sublet their apartments. You cannot offer someone a sublease if you are:

Living in a co-op
A tenant of a rent-controlled apartment
Living in public housing
Using a rent subsidy

Additionally, people living in rent-stabilized apartments have additional rules placed on any subletting agreements that they make. They must limit how much they charge. A tenant cannot make a profit off of their subtenant. They must charge only their legal rent. So if your apartment is $3,000 per month, that’s all you can charge a subtenant. The exception is for furnished rooms, which can come with a 10% surcharge. The tenant also has to have plans to come back to this residence before a two-year time limit expires.

Contact Our Lawyers to Learn More

If you have any questions about this process or what you should do if you run into any problems, we may be able to help. Contact Robert Rosenblatt & Associates to set up a consultation today.