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Subletting your apartment

Subletting is one of the most common things to do in New York – but after New York’s multiple dwelling Sublet law went into effect, things changed completely. Subletting is a great way to earn a few bucks, however, you need to be aware of what the laws say about it. So whether you are a tenant, vacation renter or subtenant, this guide will unfold everything about subletting.

Do You Have The Right To Sublet?

Start with the basics – ask yourself if you are allowed to sublet in the lights of legal as well as social considerations. Even the laws allow to sublet most of the tenants, but still, you need formal permission of your landlord. It’s necessary to write your property-owner requesting permission to sublet by certified mail.

Furthermore, if you fall in any of these categories, forget about subletting:

  • If you live in public housing residents like HUD and Section 8.
  • If you are a rent-controlled tenant.
  • If you live in a non-profit building.
  • If you are living in co-ops.

How to sublet?

It is required that you inform the landlord about the subletter. Supply relevant information like:

  • The sublet agreement, how long you are subletting the apartment.
  • A copy of sublease.
  • Name, permanent address, and business address of subletter.
  • Reason for subletting.

The landlord will then have 10 days to respond and he/she will inform you if more info is required. And the property owner must reply within 30 days – either in consent or dissent. If the landlord does not reply, it means you can carry with the sublease. However, if your request is rejected, the owner will list down the reasons. Possible rejection reasons may include but are not limited to:

  • You failed to follow the subletting procedure.
  • Proposed renter has a bad Real Estate history.
  • You don’t have a valid subletting reason.
  • The proposed tenant has a criminal history.
  • He/she does not have a stable source of income.

The most important thing in this regard is your intent to return to the apartment. You are not allowed to sublet if you do not intend to return to it. However, if the landlord rejects subletting request illegally, you can move forward. But prepare all the documents to defend your actions in court.

You can read the detailed article here.