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A tenant has signed a lease or rental agreement with a landlord. A subtenant, on the other hand, is someone who subleases or rents all or part of the rental property from a tenant, and does not sign a lease or rental agreement with the landlord.
The short answer is: yes, it is legal to sublease in NYC. Under the New York City sublease laws, tenants renting in a building with four or more units have the right to sublet their apartment.
A subtenant is not a cotenant and does not have a direct relationship with your landlord. As their landlord, you can (and should) require them to pay rent directly to you and evict them if they fail to follow through. This differs from a cotenant, who can be evicted only by your landlord.
A sublease is a legally binding contract made between a tenant and a new tenant (also known as a subtenant or a sublessee).Usually, the first tenant must get consent from the landlord before he/she is allowed to sublease the premises.
You must give a 30-Day Notice The tenant must either a). The notice must be provided in writing (i.e. Notice to Quit). You must let the tenant know they can contest the eviction in housing court. You must make three "good faith" efforts to hand-deliver the notice.
If a court finds you guilty of the first offence of unlawful subletting, you can be fined in the magistrates' court.At the magistrates' court, you can get up to six months in prison or a fine, or both. At the Crown Court the maximum penalty is imprisonment for two years or a fine, or both.
If a tenant is subletting without consent, it's likely they will have broken terms in their tenancy agreement. This breach of contract means that the landlord can take action to evict them from their home. Possession proceedings can be started quickly, but it's important to follow the correct legal process.
The Subtenant or Sublessee is the person who is entering into a lease for some or all of the Landlord's property from the Sublandlord (the original tenant).The Master/Original lease is the lease that the Sublandlord (the original tenant) entered into with the Landlord.