New York Subletting Laws

Last Updated: November 3, 2023 by Phil Ahn

New York law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If such consent was not included in the lease, the landlord reserves the right to deny future requests.

Does a Tenant Need the Landlord’s Permission to Sublet in New York?

A tenant does need a landlord’s explicit written consent to sublet in New York. Consent may be given through the original lease agreement or a separately signed agreement.

Tenants interested in subletting should start by reviewing the lease agreement to see what language it includes about subleasing. The four most common scenarios of sublease language in a lease agreement are:

1. A clause strictly prohibiting subletting
2. A clause requiring a landlord’s written permission to sublease
3. A clause allowing a tenant to sublease (without additional permission)
4. No language or clause whatsoever about the permission to sublease

1. Lease Clause Strictly Prohibiting Subletting

In most states, a lease clause strictly prohibiting subletting is relatively common. However, in New York, any lease provision restricting a tenant’s right to sublease is void as a matter of public policy [1].

2. Lease Clause Requiring Landlord’s Permission

A tenant may be able to sublet if given written permission from the landlord. However, the landlord does not have to give approval.

3. Lease Clause Allowing Tenant to Sublease Without Additional Permission

A tenant may begin subletting the property without prior landlord approval if the lease specifically allows for it. They may even be able to sublet without notifying the landlord.

4. Entire Lease Containing No Mention of Subleasing

A tenant will not be able to sublet without first receiving the landlord’s permission. When asked, the landlord does not have to give consent.

Can a Landlord Prohibit a Tenant from Subletting in New York?

A landlord can prohibit a tenant from subletting in New York, but only when the denial is because of reasonable grounds.

In New York, when requesting permission to sublet from the owner, the request must contain the following:

• The term of the sublease
• The name of the proposed sublessee
• The business and permanent home address of the proposed sublessee
• The reason for the sublet request
• The current tenant’s address for the term of the sublease
• Written consent from the co-tenant or guarantor of the lease
• A copy of the proposed sublease

The landlord has 10 days to ask for additional information, which must be provided unless it is overly burdensome. If the landlord fails to respond within 30 days, then a failure to respond is deemed consent.

A denial of a prospective tenant will occur if that subtenant would be unable to meet the financial obligations associated with renting out the premises. Furthermore, a denial could occur if the landlord believes the sublessee is not reputable and could put the landlord in a worse position than before.

What Rights do Subletting Tenants have in New York?

A tenant who subleases (“subtenant”) has the same rights and responsibilities as the original tenant. This means the subtenant is treated the same as any other tenant under New York law when it comes to rights such as privacy, health and safety standards of a rental unit and due process for an eviction.

However, when a subtenant’s rights are violated, they cannot sue the original tenant’s landlord. The subtenant can sue the original tenant, who will then in turn sue the landlord if the landlord was the one who caused the issue (and isn’t remedied in a timely manner after being properly notified).

In the event a subtenant causes any damage, the landlord will most likely subtract the cost of those damages from the original tenant’s security deposit. To recover money lost from the security deposit, the original tenant would have to bring a claim against the subtenant.

Subtenant Rights in Illegal Sublets

Subtenants in illegal sublets do not automatically have the legal right to break the terms of their sublease. Even if the landlord did not consent to the sublease, the contract may still be considered valid between the subtenant and tenant.

Legal actions against an illegal subtenant usually take the form of an eviction. Landlords will give notice that the illegal subtenant has 10 days to vacate the premises, unless the lease states otherwise.

For those illegal subtenants that do not leave, a landlord would be able to take the tenant to New York District Court, where the filing fee can range from $10 to $20, depending on the amount claimed in the case, and where the case is filed.

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What are the Consequences for Illegally Subletting in New York?

If a tenant subleases their unit without the landlord’s explicit written permission, the tenant is in breach of their lease. In New York, a lease violation permits a landlord to evict the tenant and subtenant (starting with a 10 Day Notice to Vacate or Comply) and to sue the original tenant for any resulting damages.

In addition to the landlord, the subtenant also may have grounds to take legal action if the original tenant sublet the unit illegally.

Evictions for Illegally Subletting in New York

Landlords in New York must provide the tenant a chance to fix the lease violation, such as illegally subletting. A landlord must provide the tenant with a 10 Day Notice to Comply. If the tenant does not comply, then the landlord can issue a 30 Day Notice to Quit.

These eviction notice types give the original tenant 10 days to take action (move out or fix the issue). Once the notice expires, if the tenant has not taken the required action, the landlord may then proceed with the second step of the eviction process, which entails filing a petition with the New York District Court. This next step in the eviction process takes about 1 to 5 months.

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