New York Subletting, Lease Endings & Tenant Death
New York rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: In buildings with four or more residential units, a tenant may sublet with the landlord's prior written consent, which may not be unreasonably withheld. N.Y. Real Prop. Law § 226-b
The rules in New York
| Subletting | In buildings with four or more residential units, a tenant may sublet with the landlord's prior written consent, which may not be unreasonably withheld. The tenant must request consent by certified mail, return receipt requested, with the sublease term, subtenant's name and addresses, reason, the tenant's address during the sublet, any cotenant or guarantor consent, and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given; the tenant stays liable under the lease. Assignment, by contrast, needs the owner's written consent, which may be withheld without cause; if consent is unreasonably withheld, the tenant's only remedy is release from the lease on 30 days' notice. If consent is unreasonably withheld, the tenant may sublet as requested, and may recover costs and attorney's fees if the owner acted in bad faith. Rights for rent-stabilized units are subject to the Emergency Tenant Protection Act and Rent Stabilization Law. Lease waivers of this section are void. Source: N.Y. Real Prop. Law § 226-b |
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| When the lease ends | A landlord who will not renew, or who will raise the rent 5% or more, must give written notice: 30 days if the tenant has lived there under one year with no lease of a year or more; 60 days for one to two years or a lease of one to two years; 90 days for over two years or a lease of two years or more. If notice is late, the tenancy continues on existing terms until the notice period runs. An automatic-renewal clause binds the tenant only if the landlord gives written notice calling attention to it 15 to 30 days before the tenant's notice deadline, personally or by registered or certified mail. A tenant who stays after a term longer than one month gets no new term by holding over, but if the landlord accepts rent for a later period, a month-to-month tenancy results unless otherwise agreed. The notice must include the disclosure required by Real Property Law § 231-c on the good cause eviction law (version effective August 18, 2024 through June 15, 2034). Holdover section: https://www.nysenate.gov/legislation/laws/RPP/232-C. Automatic renewal: https://www.nysenate.gov/legislation/laws/GOB/5-905 |
| If a tenant dies | When a residential tenant dies, the executor, administrator, or legal representative may ask the landlord, by registered or certified mail, to consent to assigning or subletting the lease, giving the proposed assignee's or subtenant's name and addresses and any cotenant or guarantor consent. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given. If the landlord refuses unreasonably or chooses to terminate, the lease ends and the estate is released from further liability as of the last day of the month in which the landlord had to respond; if the refusal is reasonable, the lease stays in force. Does not apply to cooperative proprietary leases. A lease waiver of this section is void. If consent is given, the assignee must sign a written assumption of the tenant's obligations. Source: N.Y. Real Prop. Law § 236 |
New York vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| New York | In buildings with four or more residential units, a tenant may sublet with the landlord's prior written consent, which may not be unreasonably withheld. The tenant must request consent by certified mail, return receipt requested, with the sublease term, subtenant's name and addresses, reason, the tenant's address during the sublet, any cotenant or guarantor consent, and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given; the tenant stays liable under the lease. Assignment, by contrast, needs the owner's written consent, which may be withheld without cause; if consent is unreasonably withheld, the tenant's only remedy is release from the lease on 30 days' notice. N.Y. Real Prop. Law § 226-b | A landlord who will not renew, or who will raise the rent 5% or more, must give written notice: 30 days if the tenant has lived there under one year with no lease of a year or more; 60 days for one to two years or a lease of one to two years; 90 days for over two years or a lease of two years or more. If notice is late, the tenancy continues on existing terms until the notice period runs. An automatic-renewal clause binds the tenant only if the landlord gives written notice calling attention to it 15 to 30 days before the tenant's notice deadline, personally or by registered or certified mail. A tenant who stays after a term longer than one month gets no new term by holding over, but if the landlord accepts rent for a later period, a month-to-month tenancy results unless otherwise agreed. N.Y. Real Prop. Law §§ 226-c, 232-c; N.Y. Gen. Oblig. Law § 5-905 | When a residential tenant dies, the executor, administrator, or legal representative may ask the landlord, by registered or certified mail, to consent to assigning or subletting the lease, giving the proposed assignee's or subtenant's name and addresses and any cotenant or guarantor consent. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given. If the landlord refuses unreasonably or chooses to terminate, the lease ends and the estate is released from further liability as of the last day of the month in which the landlord had to respond; if the refusal is reasonable, the lease stays in force. N.Y. Real Prop. Law § 236 |
| Connecticut | Connecticut's landlord-tenant chapter has no section setting a rule on whether a tenant may sublet or assign, or on landlord consent. For security-deposit purposes, a tenant who sublets is treated as a landlord. Conn. Gen. Stat. ch. 830 (reviewed); § 47a-21(a)(7) | A tenant who stays after the lease term ends is not, by that alone, evidence of an agreement for a new lease. Unless the rental agreement fixes a definite term, the tenancy is month-to-month (week-to-week for a tenant who pays weekly rent), and an oral lease with monthly rent and no agreed end date is treated as a lease for one month only. The chapter does not set a holdover rent penalty or rules on automatic-renewal clauses. Conn. Gen. Stat. §§ 47a-3d, 47a-3b | If the sole occupant of a unit with a monthly or term lease dies, the landlord may follow a statutory process instead of an eviction case: send notice by regular and certified mail to the tenant's emergency contact and any known next of kin that the tenant has died, that the landlord intends to remove belongings and re-rent, and that they should contact the landlord or Probate Court, with belongings disposed of if not reclaimed within 60 days. The landlord files an affidavit with the Probate Court, files an inventory at least 30 days later, and may not remove belongings until 15 days after that; a state marshal carries out removal, and unclaimed items are sold at public auction by the town, with leftover proceeds going to the estate. If a probate application is filed within 55 days of the landlord's affidavit, the landlord's process stops. Conn. Gen. Stat. § 47a-11d |
| Massachusetts | Not verified yet | A tenant who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). A tenancy at will (including month-to-month) may be ended by written notice equal to the rent interval or 30 days, whichever is longer (three months if rent is paid less often), and the notice may include an offer of a new tenancy on different terms (c. 186, §12). When a home tenancy at will ends without the tenant's fault, the landlord cannot bring an eviction case until that notice period has passed, and the tenant pays rent at the same rate meanwhile (c. 186, §13). G.L. c. 186, §§3, 12, 13 | Not verified yet |
| New Jersey | Not verified yet | For housing covered by the Anti-Eviction Act, a landlord may not refuse to renew a lease except for good cause as defined by statute, so a lease ending is not by itself grounds for eviction. A tenant who gives notice of moving out on a set date and then stays owes double rent for as long as they remain. A tenant who willfully stays after the term ends and after the landlord's written demand for possession owes the person kept out at the rate of double the yearly value of the property for the holdover period. N.J.S.A. 2A:18-61.3(a); N.J.S.A. 2A:42-5, 2A:42-6 | A lease of one year or more for a home used only as the tenant's dwelling may be ended early if the tenant (or, for a lease signed jointly by spouses, the tenant's spouse) dies. Notice may be given by the tenant, the executor or administrator of the estate, or the surviving spouse. The termination takes effect on the 40th day after the landlord receives written notice, rent is owed up to that date, and the unit must be vacated at least five working days before that 40th day. N.J.S.A. 46:8-9.1 |
| Pennsylvania | Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a consent standard for subletting or assignment. The Act provides that a sublessee is bound by the lease between the landlord and the original tenant, and that a lease for more than three years may be assigned only in a signed writing (unless by operation of law). The Attorney General's guide advises tenants to check whether their lease allows subleasing. Landlord and Tenant Act of 1951 §§ 105, 203; Act reviewed | A landlord who wants a tenant out when the lease term ends must give written notice to quit: at least 15 days for a lease of one year or less or of indefinite length, and 30 days for a lease of more than one year. The Attorney General's guide says a month-to-month or year-to-year tenancy renews automatically unless either side gives at least 15 days' notice before the term ends, and that some leases contain automatic-renewal clauses tenants should check. Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a holdover rent penalty. Landlord and Tenant Act of 1951 § 501(a)-(b) (68 P.S. § 250.501); PA Attorney General, Consumer Guide to Tenant and Landlord Rights | If the only tenant dies during a residential lease, the executor or administrator of the estate may end the lease with 14 days' written notice to the landlord, effective on the later of the last day of the second calendar month after the month of death or when the unit is surrendered and all belongings are removed. The estate still owes rent and debts up to the termination date (including damage and expenses caused directly by the death) but owes no penalty for ending the lease this way. The Act's abandoned-property procedure does not apply to a deceased tenant's belongings; those are handled under the probate code (20 Pa.C.S.). Landlord and Tenant Act of 1951 §§ 514, 505.1(c) |
| Vermont | A landlord may limit or prohibit subletting in a written rental agreement and may require the tenant to give written notice of the name and contact information of any subtenant. If there is no written agreement, the tenant must give the landlord written notice of the name and contact information of any subtenant. If a written lease bans subletting, the landlord or tenant may bring an ejectment action against a person occupying the unit without permission. 9 V.S.A. § 4456b | To end a written lease for no cause, the landlord must give notice at least 30 days before the end of the term (60 days if the tenancy has lasted more than two years; 7 days for a written week-to-week agreement). Without a written lease, monthly tenancies need at least 60 days' notice (90 days after two years) and weekly tenancies at least 21 days. If the tenant stays after the tenancy ends without the landlord's express consent, the landlord may sue for possession, damages and costs. The chapter sets no holdover rent penalty and does not address automatic-renewal clauses. 9 V.S.A. §§ 4467(c), (e), 4468 | Vermont's residential rental law has no provision on what happens to a lease, the deposit or the tenant's belongings when a tenant dies. 9 V.S.A. chapter 137 (reviewed) |
City rules that may add to state law
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New York Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in New York?
In buildings with four or more residential units, a tenant may sublet with the landlord's prior written consent, which may not be unreasonably withheld. The tenant must request consent by certified mail, return receipt requested, with the sublease term, subtenant's name and addresses, reason, the tenant's address during the sublet, any cotenant or guarantor consent, and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given; the tenant stays liable under the lease. Assignment, by contrast, needs the owner's written consent, which may be withheld without cause; if consent is unreasonably withheld, the tenant's only remedy is release from the lease on 30 days' notice. (N.Y. Real Prop. Law § 226-b)
What happens when my lease ends in New York?
A landlord who will not renew, or who will raise the rent 5% or more, must give written notice: 30 days if the tenant has lived there under one year with no lease of a year or more; 60 days for one to two years or a lease of one to two years; 90 days for over two years or a lease of two years or more. If notice is late, the tenancy continues on existing terms until the notice period runs. An automatic-renewal clause binds the tenant only if the landlord gives written notice calling attention to it 15 to 30 days before the tenant's notice deadline, personally or by registered or certified mail. A tenant who stays after a term longer than one month gets no new term by holding over, but if the landlord accepts rent for a later period, a month-to-month tenancy results unless otherwise agreed. (N.Y. Real Prop. Law §§ 226-c, 232-c; N.Y. Gen. Oblig. Law § 5-905)
What happens to a lease when a tenant dies in New York?
When a residential tenant dies, the executor, administrator, or legal representative may ask the landlord, by registered or certified mail, to consent to assigning or subletting the lease, giving the proposed assignee's or subtenant's name and addresses and any cotenant or guarantor consent. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given. If the landlord refuses unreasonably or chooses to terminate, the lease ends and the estate is released from further liability as of the last day of the month in which the landlord had to respond; if the refusal is reasonable, the lease stays in force. (N.Y. Real Prop. Law § 236)
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.