Most leases prohibit subletting, or only allow it with permission. A tenant can sublet without the landlord's permission, even if the lease says its forbidden.You are entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission. In New York State, tenants have a right to sublease their apartments. Most leases require the landlord's written permission. First, without prior notice to the landlord, it will be deemed illegal to sublet, and the landlord can evict both of you. To ensure tenants seek permission before subletting, include a sublet clause in the lease agreement. Subleasing is not a crime. Paying is up to you but not warrated. Check what might happen if you sublet your home unlawfully, including eviction.