In New York, the short answer to the above question is “not very.” Subleasing in our state is a reasonably complicated process and one which takes a fair amount of time. You cannot simply sublet to someone else on the spur of the moment and ask permission – or forgiveness – later.

In the first place, you must determine if you even have the legal right to sublet your apartment. You do if your apartment is in a building that is privately owned and contains four or more units. You have this legal right even if your lease says otherwise. You also have this legal right if you live in a rent stabilized apartment.

You cannot sublet your apartment, however, if one of the following applies to you:

• You live in public or subsidized housing such as Section 8, HUD, etc.
• You live in a nonprofit building
• You live in a co-op
• You live in a rent controlled apartment
• You receive rent subsidies such as Section 8, FEPS, etc.
• You are part of the SCRIE or DRIE program or another program in which the rent you pay is based on your income

Sublease procedure

Assuming you have the legal right to sublet your apartment, understand that you can only do so if you intend to be absent from your apartment for 30 days or more, but intend to return sometime thereafter. You can only sublet your apartment for periods of 30 days or longer. In fact, by law, you cannot even rent your apartment to someone who stays there for less than 30 days, let alone sublet it to him or her.

The first thing you must do if you decide to sublet your apartment is to obtain your landlord’s permission. You should do this by means of sending him or her a certified letter, return receipt requested. You should keep a copy of this letter in a safe place. The letter must contain the following information:

• The name, permanent home address and business address of your proposed sublessee
• The term (beginning and ending date) of your proposed sublease
• Your reason(s) why you need to sublet your apartment, including the address where you will live during the sublease period
• A copy of the written sublease agreement you and your proposed sublessee signed
• A notarized statement, signed by both you and your proposed sublessee, attesting to the fact that the enclosed sublease copy is a true copy of the original sublease agreement you and your proposed sublessee signed

Your landlord has 10 days to approve or reject your sublease proposal or request you to provide additional information. If (s)he asks for additional information, you must provide it. Within 30 days of receiving your initial request or your additional information, whichever comes later, your landlord must send you his or her written permission to sublet your apartment or his or her reasons for refusing permission. If (s)he refuses permission, (s)he must state his or her grounds therefor, and these grounds must be “reasonable.” If they are unreasonable, your best strategy is to contact a knowledgeable landlord/tenant attorney to determine your next steps.

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There are many contentious issues landlords and tenants come up against. One that has taken the forefront in New York concerns whether security deposits for apartments are too high.

Over the course of a lease, a landlord may need to enter the tenant’s apartment. In general, landlords have to provide advanced warnings if they require access to the property. For example, if the landlord needs to schedule a non-emergency repair, then he or she should give the tenant about a week’s notice. If the landlord needs to show the unit to prospective buyers, then the tenant should know about the viewing 24 hours in advance. However, there are times when permission is not necessary.

Reasonable hours

A landlord can only enter the tenant’s home at a time that is reasonable for both parties. Generally, entering an apartment between 9 a.m. and 5 p.m. is typically acceptable. If the landlord asks to enter the apartment at midnight, then the tenants would be well within their rights to refuse access.

Emergency repairs

Ordinarily, the landlord has to let the tenant know when he or she will need access to the unit at least a day in advance, if not more. In an emergency situation, such as an electrical issue or a burst pipe, then there is no time to waste. The landlord will need to get inside the unit to inspect the damage and contact the professionals needed to repair the damage.

Invitation

A landlord choosing to enter an apartment when the tenant is not home constitutes trespassing. The landlord can face criminal penalties for such actions unless the tenant has explicitly invited the landlord to show up at the apartment when he or she is not home. It is beneficial for the landlord to get this invitation in writing in case any disputes come up down the road. Communication is vital for any relationship, and as long as the landlord and tenant remain on the same page regarding when the landlord can show up, they can avoid any altercations.

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In the event your tenant has broken an agreement within the lease, you will have grounds for eviction but must follow detailed steps. You must first obtain a warrant from a court clerk. Once you have the warrant signed, you will be able to hire a constable, sheriff or marshal to visit the premises the evict the tenant to issue a notice to leave. Hiring one of these people will come with a fee.

Even after you issue the notice, you may have to contend with a tenant who will still not leave the property. Not only is this frustrating, but it prevents you from showing potential new tenants the property. Depending on the circumstances surrounding the tenant’s situation, you have several options available to you.

Help the tenant find another place to live

It is extremely common for evictions to be a result of the tenant failing to pay rent. As a result, the tenants may stay at the property because they cannot afford to pay rent elsewhere. If you have had a relatively good relationship with the tenant, then you may feel compelled to help in a positive manner. You can utilize community resources to try to find transitional housing for the tenant. Being kind and helpful can be a real asset during this trying time.

Take the hard line when necessary

If you follow the proper legal process, then you will have a constable, sheriff or marshal at your disposal to forcibly remove the tenant from the premises. Before doing this, you need to make sure you have followed the letter of the law precisely so that the tenant cannot come back to file a lawsuit later. This involves following the correct timelines so that you do not step over a tenant’s legal rights. You also do not want to harass the tenant or threaten to turn off the electricity.

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Whether you are a New York landlord or tenant, your lease is the legal document by which you protect your property as a landlord or occupy the leased premises as a tenant. A strong written lease sets forth what each party will do – and not do – during the lease term and is your best recourse if and when something goes wrong or a dispute arises.

When one of you fails to do what (s)he promised to do, or does something the lease prohibits, such action or inaction breaches the lease. Whether or not the breach is material, i.e., significant, depends on its nature and what, if any, damages it causes the other party. If you commit a material breach as a tenant, your landlord may be able to evict you and keep your security deposit. If you commit a material breach as a landlord, your tenant may be able to break the lease, move out ahead of time, reclaim his or her security deposit, and possibly sue you.

While commercial leases can have their own problems, the most common residential lease breaches are the following:

• Unauthorized pets
• Long-term guests
• Overzealous decorating

Unauthorized pets

Most residential leases have a provision regarding pets. Some do not allow them at all, others have restrictions as to the type, size and number of pets allowed, and still others have no restrictions per se, but require a pet deposit to cover any damage the pets do to the property.

If you as a tenant wish to buy or adopt a pet after moving into your leased home or apartment, check your lease and/or talk with your landlord before doing so. Even if you suffer an injury or develop a medical or psychological condition that requires you to have a service dog, do not simply acquire one without advising your landlord ahead of time.

Long-term guests

If you are a tenant, your name is on the lease. If you are married or have a roommate, his or her name also likely is on the lease. Any other adult staying in your home or apartment is your guest. Some guests, however, overstay their welcome, with or without your full approval. While a family member or friend can stay with you for a week or two without causing your landlord any problems, you should speak with him or her if your guest will stay longer.

Assuming your house or apartment has the adequate space, most landlords are amenable to another adult living there on a long-term basis, but often require that (s)he add his or her name to the lease. This protects not only your landlord, but also you from any lease violations that your long-term “guest” may commit.

Overzealous decorating

As a landlord, you want to protect your property from damage. As a tenant, you want to make your leased home or apartment “your own” by decorating it the way you want to. Both positions are perfectly reasonable and not necessarily in conflict with each other. Most leases, however, contain a provision that the tenant will return the property to the landlord at the end of the lease period in the same condition as existed when the tenant moved in, reasonable wear and tear excepted.

What this means to you as a tenant is that you likely cannot add “personal touches” such as the following without your landlord’s prior approval:

• Repaint the walls
• Put up your own light fixtures, ceiling fans, towel bars, coat hooks, etc.
• Hang your artwork in a manner that damages the walls
• Put in shelving that attaches to the wall

Living in a leased home or apartment should be a mutually rewarding experience for both the landlord and the tenant. Regardless of which you are, a little consideration, forethought and cooperation will go a long way toward maintaining a good relationship and avoiding conflicts.

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Although many people rent properties without ever having a conflict with their landlords, the unfortunate truth is that landlord-tenant disputes are quite common. Sometimes disputes are relatively minor and a bit of negotiation between the parties can resolve matters. However, in more complicated or conflictual cases, a simple meeting may not suffice.

It can be difficult to know at exactly which point in a landlord-tenant dispute you should turn to an attorney for counsel and assistance in resolving your issue. Here are a few example cases that illustrate matters that can benefit from hiring an attorney who works with landlord and tenant disputes.

1. Non-payment of rent

If you are a landlord, rent payment is the key component of income in terms of renting your property. When a tenant stops paying rent, refuses to pay rent or has a lot of back rent to catch up on, collection can be difficult and stressful. As a tenant, you may have mitigating circumstances or contractual conditions that you wish to discuss with your landlord to explain why you are justified in not paying the rent. There may be specific issues or problems with the apartment for which you are withholding your rental payments. Whether you are the tenant or the landlord in this situation, non-payment of rent is one of the most common landlord-tenant disputes, and a qualified attorney can help you find a resolution.

2. Breach of contract

Contracts protect the rights of both tenant and landlord in that the contract specifically outlines the terms and conditions that govern the property rental. When one party breaches these terms, the other party may have legal grounds to take action for recourse. In these cases, a breach of lease lawyer can assist in finding resolution, whether it is a landlord who has a tenant that has broken rules or a tenant whose landlord is not living up to his or her contractual responsibilities.

3. Eviction

Shelter is a basic need, and losing shelter through eviction can be a life-shattering event. As a landlord, you may need to evict a tenant for safety or other reasons. Eviction is a legally sensitive issue, and having a lawyer assist you can ensure the protection of your rights. As a landlord, an attorney can help you evict a tenant in a legally responsible and efficient way. As a tenant, an attorney can examine your case to see if the eviction is lawful.

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When one of your tenants gets married, a few things could theoretically happen. The tenant might want to break the lease and move out. Or the tenant might move out but continue to pay rent until the lease ends.

On the other hand, the new couple might choose to live apart. More likely, the new spouse might move in. Does that mean you will have to approve the new occupant and put him or her on the lease? What if you do not want that person there?

Is the marriage official?

One of the first things to do is verify the marriage. Many times, the marriage did actually happen. Sometimes, though, telling a landlord, “I got married, and this is my husband who will live here full time now,” is another way for a tenant to move out and move another person in to pay the rent. You can check public records or ask to see a copy of the marriage certificate.

Is the apartment rent controlled?

If the apartment is rent controlled, the tenant does have the right for the spouse’s name to be added to the lease if the apartment will be the spouse’s primary residence. You cannot increase the tenants’ rent for this reason.

Does the spouse want to be an occupant or a tenant?

As a landlord, you have a legal relationship with your tenants. However, occupants are not on leases, and your rights are fairly limited as far as occupants go. Tenants generally have the right to bring a spouse (and stepchildren) in after a marriage occurs without the new residents having to undergo applications, criminal checks and credit checks. However, your tenant does need to notify you in writing within 30 days about any new occupants. Occupants must also leave if the tenant does.

If the new spouse wants to be on the lease, then you are probably within your rights to ask for an application, credit check and criminal check. A lawyer can evaluate the nuances in your case.

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It can make sense in some situations to reduce or even eliminate a tenant’s rent in exchange for work the tenant does around the property. For example, the tenant could mow, perform plumbing repairs or remove wallpaper off.

However, does such an arrangement really make sense?

The argument for “no”

There is a lot in the “no” category. For one thing, the tenant might need specialized training or even either licensing or insurance for certain activities. If something were to happen to the tenant, other residents or the property itself, you could end up on the hook. Such an arrangement can also make for more paperwork, accounting and tracking. For example, you would have to report the work as barter income on your taxes and verify that the work was satisfactory. Your lease would need to be revised, and you and the tenant would have to agree on the value of the work to be done. And what if the tenant is on vacation a lot?

It could also be that your tenant always pays rent on time, and you would rather not lose that security and predictability.

The argument for “yes”

On the other hand, you may be leaning toward “yes.” Perhaps you know that your tenant is steady and reliable and is a whiz at making repairs or whatever it is you need doing. So, training or insurance would not be an issue. Maybe you already pay too much money to an outside contractor for the work the tenant would be doing, so the situation would save you a lot of cash. It can also be helpful to have a renter on-site who has a vested interest in maintaining or improving the property.

Also, maybe your tenant is someone who is regularly late with rent payments or misses the occasional month altogether. Having him or her do work could be a creative way to meet in the middle.

Yes, it can be risky to reduce or eliminate rent for a tenant in exchange for work. To maximize your chances of this being successful, it can help to meet with a lawyer for an update to the lease.

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Well-written contracts are an essential part of what keeps many landlord-tenant relationships smooth. However, when you are considering renting from someone who is your friend or you are considering renting a space out to a friend, it can seem rigid to insist on a rental agreement.

Do it anyway.

Keeping the friendship intact

Ideally, the friendship between the landlord and tenant would stay firm no matter what. As a practical matter, though, at least one dispute is likely to occur. It could be about a rent payment a few days late, lease renewal or the landlord entering the apartment without permission. It could be about a seemingly small matter or an obviously big issue. In any case, having a contract is the best chance to keep your friendship intact. Otherwise, you may have nothing to fall back on when trying to explain and enforce landlord or tenant obligations, and your friend might take things personally. A contract also helps ensure one party does not take advantage of the other.

Being clear ahead of time

Another reason to insist on a contract is that it helps you be clear ahead of time. Both parties know what they are getting into and have the opportunity to back out if needed. If you are the landlord, emphasize to your friend and potential tenant there is an expectation that he or she will follow all of the lease terms. If you are the renter, make every effort to follow these terms.

Having second doubts

What if you end up having second doubts before signing? That is okay. Many people decide that they do not want to rent from/rent out to friends. That decision in itself can hurt your friendship, sure; but if your friend’s pattern of paying late and seeming casualness toward having a contract gives you pause, then the friendship may not have survived long into the tenancy anyway. Now it might have a fighting chance.

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When you rent a new apartment or house, you hope that your relationship with your landlord will be peaceful. However, sometimes this is not always the case. Maybe your landlord is not fixing a broken pipe or is violating your privacy. When a dispute arises, you may have concerns about how to resolve it.

So what should you do when there is a disagreement between you and your landlord? Here is a guide for dealing with landlord-tenant disputes.

1. Determine the scope of your problem

According to the Huffington Post, the first thing you should do to resolve a landlord-tenant dispute is figure out how big the problem is. Is the ceiling leaking? Does the carpet have a stain you did not notice before? Determine whether the problem is worth the time and effort to go to court. If your landlord is violating the law, you should consider taking further action.

2. Meet with your landlord

Next, you should set up a meeting with your landlord. Try your best to stay calm. If you can keep your anger at bay, you have a better chance of coming to a resolution. However, you should make it clear that you expect results, especially if it is something serious like a crucial repair that has been ignored.

3. Consider the actions you should take

If your landlord does not repair a leaking ceiling or a toilet that will not flush, it is time for you to weigh your options. Are you able to afford the repair yourself? Do you have enough time and resources to move out? Should you talk to an attorney? A lawyer can help you with writing letters to your landlord and understanding local laws.

Whether you go to court over your dispute depends on the seriousness of the problem and the unwillingness of your landlord to fix it. Keep these three considerations in mind whenever an argument occurs between you and your landlord.

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In many rental markets, subletting is a practice that benefits both landlords and tenants, for example, by ensuring that rent gets paid on time. It can also carry many advantages for the subtenants, helping them to establish themselves in New York before needing to commit to a long-term lease or by helping them find a place quickly.

However, if you are considering subletting the place you rent, keep a few things in mind to make sure everything goes as smoothly as possible.

1. Get the landlord’s permission

Chances are that the law allows you to sublet, but you do have to receive your landlord’s permission first before a subtenant moves in. Your landlord may decide that your proposed tenant has a problematic credit history, income or criminal background, or another issue, and reject your request. However, the landlord cannot turn down a tenant for any old reason, so you are well within your rights to pursue a request if the rejection reason seems invalid.

To increase your chances of approval, include information about the sublet agreement, how long it will last, the reasons for it, necessary background on the subtenant, and send the documents via certified mail.

2. Avoid subletting if it is not legal

It could be that you are simply not allowed to sublet, for example, if you live in some Section 8 housing, condos or rent-controlled apartments. If you know it is illegal to sublet, and you let someone move in, anyway, you open yourself up to potentially losing your apartment. A big reason that the law forbids subletting in such scenarios is that it should not be an opportunity for tenants to make profits on the places they rent in this incredibly competitive market.

If there is confusion or disagreement over whether you can sublet, consult with an attorney.

3. Draw up the necessary paperwork

Subletting should be an agreement just as formal as the one between you and your landlord. That means getting you, the landlord and the subtenant to sign the necessary documents. Steer clear of oral agreements where there is a lot of room for misunderstanding.

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