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A sublease occurs when the original owner does not lease the premises to you, but there is another person or entity in between you and the landlord. That is, the property owner rents to someone else, and then that person rents to you. Subleases are common in both commercial and residential properties.
Sublet Cons for LandlordsInconsistent screening procedures. If you don't require that all subtenants must be screened by the landlord, you'll have no idea about the caliber of tenant subleasing your property.Subtenant may not be reliable.Property damage.Lease violations or eviction.
Under the law a landlord cannot unreasonably withhold the right to sublet. However, the landlord can refuse to sublet with good reason. For instance, if the proposed tenant has a poor credit history, is unemployed, etc. the landlord could refuse to sublet.
The Benefits of Subleasing Your Office Space In practice, this means a company can expect to offset some of their leasing costs with revenue from a sublessee. This cost-avoidance strategy is a material benefit for companies that successfully sublease out excess office space.
According to New York State law, most tenants have the legal right to sublet their apartment. However, you still have to ask your landlord for permission to sublet your apartment. The first thing you should do is to notify your landlord of your desire to sublet as they will likely have a procedure in place.
First, in New York City you need to get permission from your landlord to sublease your apartment. You should send your landlord a formal request by certified mail, and you must also provide a valid reason for subletting. Before you ask, check the terms of your lease to see if there are any restrictions on subletting.
If your landlord decides to deny your sublet request, the denial must be reasonable. Your landlord cannot unreasonably withhold consent to sublease. If your landlord denies your request, and you believe it was an unreasonable denial of the right to sublet, you can proceed to sublet, but at your own risk.
Typically, you must obtain written consent from your landlord before you can sublet a property. In most cases, a landlord will state in the master lease that subletting is either not permitted or is allowed with consent of the landlord.
Most commercial leases forbid subletting. There is a good reason for that. As soon as more than two parties are involved, agreement becomes more difficult and conflict more likely. Furthermore, the head landlord, who of course owns the property, is less able to enforce his rights.
Subletting is legal in NYC. However, there are certain restrictions to navigate before you put ads on Craigslist. For example, you can only sublet your NYC apartment if the building has four or more units. Additionally, some tough restrictions make it difficult to sublease to a short-term resident.