The Law Office of Seth Rosenfeld, Esq.
We Can Answer All Your Questions
During A FREE Consultation
800-699-1594
Menu Contact

What does subleasing a rental property entail?


A New York City tenant who signs a rental agreement likely plans to use the rental property for the full term of the lease. However, sometimes situations arise in which a tenant wishes to sublease a property. While common, subleasing can raise complex issues between landlords and tenants that may lead to landlord-tenant disputes if not handled properly.

A tenant who sublets a property transfers his or her legal interest in the property to another person. In a sublease, a tenant, known as the prime tenant, will be transferring less than his full interest in an apartment to a subtenant.

Disputes may arise between landlords and tenants when tenants fail to follow the proper procedure for subletting. In New York City, those tenants who live in apartment buildings which have at least four apartments have the right to sublease if they have their landlord's advance consent. Landlords cannot restrict tenants' right to sublease completely, but they do have the right to deny a sublease based on reasonable grounds. Significantly, in the event a landlord denies a sublease on unreasonable grounds, a tenant may still sublease. Whether grounds for denial are reasonable or unreasonable is certainly an area from which landlord-tenant disputes may arise.

It is important to note that a tenant who acquires consent from a landlord to sublease is still liable to his or her landlord for rent payments and other obligations of the lease agreement. A tenant who wishes to obtain consent from a landlord to sublease must follow a carefully prescribed process under New York law, including submitting a written request regarding the potential subleasing to his or her landlord.

A landlord or tenant who is facing a dispute regarding a subleasing issue may wish to consult with an attorney who may be able to guide the parties to a potential resolution.

Source: ag.ny.gov, "Tenants' Rights Guide," accessed July 22, 2016

No Comments

Leave a comment
Comment Information

Vigorous Advocacy, Cost-Effective Solutions

To schedule a free consultation with experienced landlord-tenant lawyers, please call our firm at 800-699-1594 or send an email using the form provided. We are committed to working together with you to resolve your legal concerns.

Email Us For A Response

Vigorous Advocacy, Cost-Effective Solutions

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

118-21 Queens Blvd.
Suite 509
Forest Hills, NY 11375

Toll Free: 800-699-1594
Fax: 718-793-4089
Forest Hills Law Office Map