When you rented out the apartment that you own in New York, you found tenants that you thought would be respectful to the space and able to pay the rent. You wanted to make sure that you had someone who would take care of the building and who wouldn’t cause a lot of issues.
But your tenants have now decided that they wanted to sublet the apartment. Maybe they’re doing this on a short-term basis, or maybe they want to move out and have someone else assume the lease. Their name is still going to be on the lease, but they want someone else to live in the space, at least part-time. Are they allowed to do this?
You have to provide your permission
To start with, subletting apartments is generally not illegal. New York does have restrictions for those who are in rent-controlled areas and things of this nature, but most people are allowed to sublet their apartments if they would like to do some.
However, they cannot do this without your permission. It is still your property and you still own it. Even though they are on the lease to live there, you don’t have to allow them to sublet to just anyone.
After all, you may not believe that the tenants are going to vet potential people as well as you would. You made sure that you chose someone that you could trust to sign the lease, but you may not want to let your tenants just pick someone else to live in the space.
Generally speaking, tenants are supposed to write out their request to sublet the lease. They should then send it to you by certified mail, ensuring that you get it and that everything is recorded properly. At this point, you can choose whether you want to deny their request or grant it. You’re not obligated to grant it, and the tenant has to abide by your decision.
To get around this, some tenants will decide to sublet their apartment without asking for permission. In a case like this, you may need to consider evicting the tenant if they refuse to stop this practice. Make sure you fully understand all of your legal options at this time.
