A New York sublease agreement sets out the terms that allow a tenant to bring in a subtenant while the original lease stays in place. This agreement creates a clear handoff between tenants, keeps the subtenant aligned with the same lease rules, and helps property owners maintain a legally sound rental arrangement.
Does a tenant need a landlord’s permission to sublease in New York?
New York tenants usually need landlord approval before subleasing, and state law sets out the required notice-and-consent process for residential units in buildings with four or more apartments (New York Real Property Law 226-b). Property owners review each request to confirm the subtenant meets the rental standards.
Property owners strengthen their leases by addressing subleasing directly in their New York lease agreement, which they can create using a customizable New York lease agreement. To cover subleasing in all future contracts, property owners can use a legally reviewed lease agreement builder to draft each agreement.
Information to Include in a New York Sublease
Landlords achieve the best results when they treat subleases the same way they handle standard leases, which keeps expectations clear and terms consistent. The points below highlight the essential details landlords should include in a New York sublease.
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor to confirm exactly who is entering the agreement
Rental unit address: Provide the complete address of the rental unit so both parties know the exact space covered by the sublease.
Length of the sublease agreement: List the precise start and end dates to give everyone a clear understanding of the rental timeline.
Rent amount: Note the total monthly rent the subtenant will pay and specify the payment schedule to keep expectations consistent.
Division of utilities: Clarify how the parties will divide electricity, water, internet, and other services, and attach a landlord-tenant utility agreement for added detail when needed.
Security deposit information: Describe the deposit amount, identify where the landlord holds it, and outline the return conditions under security deposit laws in New York.
Maintenance protocols: Clarify who handles repairs, outline the expected response timeline, and note the steps the subtenant follows when submitting rental maintenance requests.
Property policies: List key rules such as noise expectations, guest limits, and pet guidelines, along with any building standards the subtenant must follow during the sublease term.
Early termination terms: Explain the conditions that allow a subtenant to end the agreement early, the notice they must provide, and any related fees tied to ending the term ahead of schedule.
Landlord’s right to entry: Specify when the landlord may enter the rental property for inspections, repairs, or showings, and outline the notice required before each visit.
Renter’s insurance: State whether the subtenant must carry renter’s insurance and identify the coverage types that protect both the property owner and the rental unit.
Landlord’s consent to sublease: Confirm that the landlord has reviewed the arrangement and provided written approval.
Subtenant’s obligation to comply with the master lease: Clarify that the subtenant must comply with all terms of the original lease.
Move-in condition checklist: Require a full inspection at the start of the term and attach a move-in condition report to document the unit’s condition.
Emergency contact information: Provide dependable contact details for both parties so they can respond quickly to urgent maintenance concerns or safety issues.
Guest policy: Set clear expectations for guest visits, including limits on stay duration and any approvals required during the sublease term.
Copy of master lease: Give the subtenant a complete copy of the original lease so they understand the rules they must follow.
Signatures: Add signatures for all parties and give them the option to e-sign the agreement to confirm their consent and finalize the document.
Additional attachments: Include any extra forms, building rules, or disclosures that support the sublease and keep all requirements easy to access.
Taxes Implications for Short-Term Subleases
Short-term subleases in New York usually do not trigger state hotel occupancy taxes when the rental involves a typical residential apartment, since the tax applies only to hotel or similar transient accommodations. State law taxes stay in hotels for less than 90 days, but only when the property fits the state’s definition of a hotel (New York Tax Law 1105(e)).
New York landlords should always review local short-term lodging tax rules, as requirements and rates vary widely across jurisdictions.
For example, in New York City, taxes may include:
- New York State Sales Tax – 4%
- New York City Sales Tax – 4.5%
- Metropolitan Commuter Transportation District surcharge of 0.375%
- NYC Hotel Romm Occupancy Rate – $2 per room + 5.875%
- New York State Hotel Unit Fee – $1.50 per unit per day
