Your landlord will then have 10 days to ask you for more information. Within 30 days of the date you provided this information, or within 30 days of your initial application for a sublease, if the landlord does not ask you for additional information, your landlord must approve or deny the request. If your landlord does not inform you whether the application will be approved or denied, you may consider this approval of your application. Then you can sublet your apartment. However, since you are the original tenant, you will have to pay for any damage to the apartment and remain responsible for paying the rent to your landlord. The owner can request more details within ten days of termination. And the landlord must reject or accept the application within thirty days of termination. If the landlord does not react in time, the permit is considered granted and the tenant can sublet. New York laws allow most tenants to sublet their apartment. However, in almost all cases, the consent of the owner is considered mandatory and the fact that it is the main residence. Once you want to sublet your apartment, the next step is to list your apartment for potential subtenants. Some options include AirBnb, Craigslist, New York Habitat, VRBO, and Booking.com.
Under rent stabilization laws, the primary tenant cannot request a “key” or overcharge the subtenant. If the primary tenant overcharges, you can file a “tenant complaint about rent and/or other special surcharges in a rent-stabilized apartment” (Form RA-89). If UNHCR determines that the primary tenant intentionally overcharged you, they may have to refund you three times the supplement. Also read UNHCR`s fact sheet #7: Sublettings, allowances and leases. However, a landlord may legitimately refuse subletting if there is evidence that the tenant does not intend to move back into the unit (making it an assignment and not a sublease).3 For example, if the proposed sublease applies to the tenant`s remaining lease, the landlord could reject the sublease on the grounds that: that it is indeed a mission. In particular, New York State`s Multifamily Housing Laws of 2011 make short-term rentals of less than 30 days in Class A buildings illegal. Therefore, renting your apartment for less than 30 days in New York is not legally considered a sublease and is illegal. Under New York`s subletting laws, you have the absolute right to sublet your apartment at no additional cost. You must follow the steps below carefully, but your landlord cannot unreasonably “deny” your request. You also cannot include a clause in your lease that prohibits subletting. The apartment must be your main residence.
Although you sublet, the apartment should still be your primary residence. In other words, you must intend to return to your apartment after the sublease expires. If, for any reason, you do not keep the apartment as your principal residence for the duration of your sublet, you risk that your landlord will initiate a procedure to maintain a non-principal residence. (i.e. A lawsuit in housing court where the landlord will try to evict you from your apartment because it is not your primary residence). If your landlord rejects your application, state law requires them to provide you with a reasonable explanation of why your sublease application was denied (for example, your proposed sublease has poor credit or insufficient income). Your landlord only has 30 days to approve or reject your sublease proposal. If the owner does not respond, this will be considered consent.
In fact, you can encounter serious complications if you don`t understand the laws or the agreement first. So, before subletting your apartment in Brooklyn or the rest of New York, it`s best to refer to our guide to first sublet rentals in New York. NYC has a number of other laws that prevent you from subletting in certain circumstances. Under New York`s subletting laws, you cannot sublet your apartment if you live in public housing or receive Section 8 public assistance. The city also has a “Multifamily Housing Act” which stipulates that any subletting must last a minimum of 30 days and a maximum of 2 years. In upstate New York, tenants have the right to sublet their apartments. Most leases require written permission from the landlord. The landlord cannot “unreasonably” refuse permission, but the manner in which permission is obtained is strictly regulated. If you don`t follow the procedures carefully to get permission to sublet, your landlord can sue you for breaching a material obligation under your lease. The Rent Stabilization Act also gives landlords the right to collect a vacant rent increase for the duration of the sublease. The majority of New Yorkers have the right to sublet their apartment.1 Even if a tenant has signed a lease prohibiting subletting, this clause is illegal and unenforceable. This right applies to tenants who live in a building with four or more rental units.
New Yorkers who rent single-family homes or apartments in buildings with fewer than four units do not have automatic subletting rights. Whether it is allowed or not depends on the terms of their lease. They can only be sublet for two years. The Rent Stabilization Act limits your sublease to two years, including the duration of the proposed sublease, beginning the four years preceding the date of termination of the proposed sublease. Subletting – also known as subletting – occurs when a current tenant rents their apartment to another person, who in turn becomes their subtenant. New York is very tenant friendly when it comes to subletting. State laws give most tenants the right to sublet their apartments, even if their lease prohibits subletting. That said, there are still strict rules for tenants interested in finding a signature. Subletting is the act of subletting a property by an existing tenant to another person during the portion of the existing tenant`s lease.
This is essentially where you, as a tenant, can rent the place to someone else while paying the rent to the landlord. Of course, as soon as you sublet, you will receive the rental money from the third party who signed the sublease. Subletting rent-stabilized apartments in New York is a bit more complicated and requires more care. The tenant continues to benefit from the right of subletting, but must keep the apartment as his main residence. For example, if you want to sublet while accepting a temporary work assignment, or if you`re on military service or college, or if you`re going to spend four months wintering in Florida, you can still be considered a primary residence.