If you have a lease for a set term, like one year, you can sublet with or without your landlord's permission, unless they prohibit this in the written lease.
While the terms "subletting" and "subleasing" are often used interchangeably, there is a critical difference between the two. In a sublet, the new tenant has a contract directly with the landlord while in a sublease, the new tenant has a contract with the original tenant and no contract with the landlord.
If your tenancy doesn't have a fixed end date you'll need your landlord's permission to sublet your whole home. If they say no, they don't have to give you a reason. If there's a fixed end date for your tenancy, you're allowed to sublet your whole home.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. However, you must inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting.
So first, in NYC a landlord cannot unreasonably deny a request to sublet. You must submit a written request at least 30 days in advance, and it must include things like who you'll be subletting to, why you're wanting to sublet, where you'll be during this period, etc...
New York City law allows market-rate and rent-stabilized tenants to sublet their apartments if they live in a building with four or more units. New York City law does not allow tenants that live in multiple dwellings (3 apartments or more) to sublet apartments for less than thirty days.
A subletter is someone who takes over the lease agreement from the original tenant, known as the sublessor. They essentially become a tenant of the property but with a temporary arrangement. 1. Definition: A subletter is an individual who temporarily takes over a lease from the original tenant, known as the sublessor.
Subletting is when the original renter (the “sublessor”) remains responsible for a lease, and either lives with a sublessee (the new tenant), or has a sublessee take their place living in the home.