Q: How do I legally sublet my NYC apartment, and do I need my landlord’s approval?
Posted by u/SubletSolver • 40 minutes ago
I’m leaving the city for a six‑month work assignment in Europe but still have eight months on my lease.
What is the correct process to sublet legally under New York law, and what happens if the landlord says no?
Top Answer by Estay
Estay Housing Consultant | Filed more than 1,200 sublet requests with NYC landlords
Use this eight‑step roadmap to keep your wallet, credit, and legal record intact:
Step 1 – Confirm Eligibility Under NY RPL § 226‑b
Market‑rate tenants in buildings with four or more units have a statutory right to request sublet consent for a term of at least 30 days and no more than the balance of the lease. Single‑family houses and rent‑regulated units follow different caps—check your status first.
Step 2 – Draft the 30‑Day Notice Package
Send your landlord a certified‑mail packet with: sub‑tenant’s full application (ID, income proof, credit), signed sublease agreement, your departure/return dates, and a forwarding address. Clock starts on the post‑mark date.
Step 3 – Landlord Response & Implied Approval
They must answer within 30 days. Silence equals deemed consent, but keep all proof. If they unreasonably refuse, you can petition housing court for permission and legal fees—though negotiating is quicker.
Step 4 – Security Deposit & Rent Flow
You remain liable to the landlord, so collect a deposit from the sub‑tenant and keep rent routed through you—never let them pay the owner directly unless the lease is formally assigned.
Step 5 – Insurance & Liability Add‑Ons
Require the sub‑tenant to carry renters‑insurance naming you and the landlord as additional insured. This covers personal property and mitigates lawsuit risk if a guest slips.
Step 6 – Building Rules & Key Control
Register the sub‑tenant with the doorman or intercom system, update package room access, and hand over only the keys they need. Keep master copies in a lockbox off‑site.
Step 7 – Mid‑Term Check‑Ins
Schedule monthly video walk‑throughs or have a trusted friend pop by. Early detection of unauthorized roommates or damage saves headaches when you return.
Step 8 – Wrap‑Up & Deposit Return
Conduct a final inspection, deduct any repairs, return the balance within 14 days, and notify the landlord you’re back in possession. Provide receipts to keep disputes out of small‑claims court.
✨ Quick Summary
• Statute grants request rights but requires landlord consent.
• Silence = approval after 30 days.
• You stay liable—collect deposit and proof of insurance.
• Document every step for smooth re‑entry.
• Estay’s Sublet Kit auto‑generates the certified‑mail packet in minutes.
Follow this checklist and your six‑month Paris detour won’t turn into a courtroom layover.
Bonus Tip: Rent‑stabilized tenants may charge only a 10 % furniture premium—anything higher is illegal overcharge.
Pro Tip: Avoid Airbnb stays under 30 days; NYC Local Law 18 fines reach $5 000 per illegal short‑term rental.
Updated weekly • Reflects 2025 NYC sublet regulations