Many tenants in a New York apartment want to sublet the residence. For example, when residents must leave town for an extended period they may choose to sublet the residence in order to hold on to it. Many leases contain a clause stating that the tenant may not sublet the apartment. However, the law says that you have the right to sublet in certain situations even if the lease says that you may not.

Knowing if you can or cannot sublet your residence can help you avoid costly landlord-tenant disputes or eviction. For the record, tenants who live in public or subsidized housing may not let out their residences. A few examples of other exceptions to subletting rights include the following.

Tenants who receive rental assistance (section 8 or rent subsidies) cannot sublet

Tenants living in rent-controlled buildings may not sublet

Tenants who reside in nonprofit or limited profit buildings cannot sublet

Although you do have the right to lease out your home in many cases, you should know that there are procedures to be followed if you choose to do so. Failure to follow these procedures may lead to a landlord-tenant dispute or a denial of the request to sublet.

For instance, you must inform your landlord of your intent in writing and via certified mail. In another example of the procedural requirements, you must include information about the subtenant as well as your reasons for leasing out the apartment.

As you can see, sublet cases in New York can be quite complex. For advice on subletting rights and other landlord-tenant disputes, you may benefit from a lawyer’s guidance. He or she can help you protect your tenancy rights if a dispute occurs.

Source: Metropolitan Council on Housing, “Subletting your apartment,” accessed Jan. 12, 2018

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