Sublease Agreement in New York

For a tenant renting their unit, or part of it, to a subtenant. Most leases require the landlord's written consent first — get it, and attach it.

What New York law says

Subletting rules	Subletting: in buildings with 4 or more residential units, a tenant may sublet with the landlord's advance written consent, which may not be unreasonably withheld. The tenant must send a request by certified mail, return receipt requested, with the sublease term, the subtenant's identity, the reason for subletting and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days; no response counts as consent. If consent is unreasonably withheld in bad faith, the tenant may recover costs and attorney's fees. Assignment: a tenant may not assign without the landlord's written consent, which the landlord may withhold without cause; if the landlord unreasonably withholds consent, the tenant's only remedy is release from the lease on 30 days' notice. A sublet or assignment that does not follow the statute is a substantial breach of the lease. Lease clauses waiving these rights are void. Does not apply to public housing or similar units with legal admission criteria, or to cooperative proprietary leases. For rent-stabilized units, these rights are subject to the rent stabilization laws. Source: N.Y. Real Prop. Law § 226-b

Subletting rules

Subletting: in buildings with 4 or more residential units, a tenant may sublet with the landlord's advance written consent, which may not be unreasonably withheld. The tenant must send a request by certified mail, return receipt requested, with the sublease term, the subtenant's identity, the reason for subletting and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days; no response counts as consent. If consent is unreasonably withheld in bad faith, the tenant may recover costs and attorney's fees. Assignment: a tenant may not assign without the landlord's written consent, which the landlord may withhold without cause; if the landlord unreasonably withholds consent, the tenant's only remedy is release from the lease on 30 days' notice. A sublet or assignment that does not follow the statute is a substantial breach of the lease. Lease clauses waiving these rights are void.

Does not apply to public housing or similar units with legal admission criteria, or to cooperative proprietary leases. For rent-stabilized units, these rights are subject to the rent stabilization laws.

Source: N.Y. Real Prop. Law § 226-b

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SUBLEASE AGREEMENT

Tenant (sublessor): [tenant name] Subtenant: [subtenant name]

Property: [rental address]. Original lease with [landlord name] dated [original lease date], which this sublease follows.

Sublease term: [start date] to [end date] (not later than the original lease ends).

Rent: $[sublease rent] per month, paid to [who is paid] by [due day]. Deposit: $[subtenant deposit].

The subtenant agrees to follow all rules of the original lease. The tenant remains responsible to the landlord.

Landlord consent: [attached / landlord name and date consent was given].

Signatures and dates: [signatures]

Sublease Agreement for other states · New York tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.