Sublease Agreement With In New York
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FAQ
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.
If you will be returning to live in your apartment after the other person leaves, this is called a sublease. If you would like to sublease your apartment, you must first tell your landlord that you want to do this. You must make the request in writing and send it by certified mail, return receipt requested.
If they do not leave, then you will need to evict them by filing suit. Your only other option is to vacate and then the landlord will have to evict them.
How to create a sublease agreement Provide a description of the property. Add the names of the tenant and subtenant. Lay out the terms. Discuss any additional information. Decide the amount of rent. Determine the security deposit amount. State any late fees. List the policies and/or conditions.
Consent from the landlord A tenant must get a landlord's written permission to sub-let or transfer any part of the property. If a tenant does this without consent, they are breaching the terms of the tenancy agreement.
Yes, they can. If you sublet your unit without your landlord's consent, they have the right to ask you to leave. Subletting without permission can be a violation of the lease agreement, and landlords have the authority to enforce the terms of the lease.
Subletting is risky. It comes with the same risks as taking on a roommate, except both people won't be there to deal with problems as they arise. If a tenant's subletter skips town or damages the apartment, the tenant is jointly and severally liable with them and could get stuck with the bill.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
How to Write One Identify all parties to the contract. Define the lease term. Identify the terms and rent amount. Address any other financial responsibilities. Discuss the terms of the security deposit. List any other restrictions. Date and sign the agreement. Attach a copy of the original lease.
Example of a Sublease For example, if a tenant is renting an apartment in Chicago with a 12-month lease and, during month four, that tenant receives a job offer in Boston, the tenant may decide to sublease the apartment to another tenant for the remaining eight months.