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.
Can you sublet part of an apartment?
Most tenants need their landlord's permission before they can sublet all or part of their home. Tenancy agreements often contain a term on this, so you should always check your agreement first.
Can the landlord charge a sublet fee NYC?
Tenants cannot charge subtenants more than their current rent unless the apartment is furnished during the sublet. If the apartment is furnished, the rent may be increased up to 10%. The Landlord may also collect a surcharge equal to the sublet allowance, if there is one, for the length of the sublet.
Is subletting legal in NJ?
Tenants in New Jersey can legally sublet with landlord approval as long as the lease agreement doesn't expressly forbid it.
Can I sublet my apartment without telling my landlord NYC?
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.
How long can you sublet a rent stabilized apartment in NYC?
In rent control, there is no specific limitation as to the amount of time that a tenant may sublet an apartment. However, the rent controlled tenant must obtain the owner's written consent to the length of the sublet, and must continue to maintain the apartment as his or her primary residence.
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What are the rights of rent stabilized tenants in NYC?
Rent stabilization provides protections to tenants besides limitations on the amount of rent increases. Tenants are entitled to receive required services, to have their leases renewed, and may not be evicted except on grounds allowed by law. Leases may be renewed for a term of one or two years, at the tenant's choice.
Frequently Asked Questions
Can you sublet a rent controlled apartment NYC?
In rent control, there is no specific limitation as to the amount of time that a tenant may sublet an apartment. However, the rent controlled tenant must obtain the owner's written consent to the length of the sublet, and must continue to maintain the apartment as his or her primary residence.
Can rent stabilized tenants sublet NYC?
As a rent stabilized tenant, you have the right to sublet your apartment under certain circumstances (visit the 1st question above) but you must always maintain that apartment as your primary residence.
What is an illegal sublet in NYC?
2 of the New York City Building Code. Specifically, New York State's 2011 multiple dwelling laws make short-term rentals of less than 30 days illegal in Class A buildings. Therefore, by law, renting your apartment for less than 30 days is not considered a sublet in New York City, and it's illegal.
FAQ
- Can you sublet a rent controlled apartment in NYC?
- In rent control, there is no specific limitation as to the amount of time that a tenant may sublet an apartment. However, the rent controlled tenant must obtain the owner's written consent to the length of the sublet, and must continue to maintain the apartment as his or her primary residence.
- What does it mean if my apartment is rent stabilized NYC?
- Rent stabilization provides protections to tenants besides limitations on the amount of rent increases. Tenants are entitled to receive required services, to have their leases renewed, and may not be evicted except on grounds allowed by law. Leases may be renewed for a term of one or two years, at the tenant's choice.
How to sublet apartment thats rent controlled
| How long can you sublet an apartment in NYC? | The apartment must have to be your primary residence. The tenant cannot charge more than the rent. In the case of a furnished apartment, the tenant may charge an additional 10%. The apartment cannot be sublet for more than two years. |
| What is considered subletting NYC? | 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. |
- Is it legal to sublet a rent stabilized apartment in NYC?
- May I buy a new residence and sublet my current rent stabilized apartment? As a rent stabilized tenant, you have the right to sublet your apartment under certain circumstances (visit the 1st question above) but you must always maintain that apartment as your primary residence.
- Is it hard to sublease an apartment in NYC?
- Before subletting your apartment, you must notify your landlord and provide them with a 30-day notice. Under New York law, landlords cannot unreasonably withhold the right to sublet. However, they can refuse to sublet with a valid reason, such as concerns about the proposed subtenant's financial stability.
