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Sublet Policies

Started by youngin
about 16 years ago
Posts: 7
Member since: Jul 2008
Discussion about
If a lease doesn't mention subletters, is it OK to assume that the landlord would be ok with it?
Response by stevejhx
about 16 years ago
Posts: 12656
Member since: Feb 2008

No.

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Response by qwerty
about 16 years ago
Posts: 139
Member since: Oct 2007

Unless prohibition is in the lease, you may sublet. (Stevejhx is practicing law without a license).

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Response by glamma
about 16 years ago
Posts: 830
Member since: Jun 2009

i believe you do have to tell your landlord thugh, no? you do a sublease agreement and it's no big deal.

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Response by mag1980
about 16 years ago
Posts: 31
Member since: Jul 2009

Here is the rule for regular and rent stabilized (but not rent controlled) buildings:

Sublet - your landlord may only reasonably refuse a sublet based on objective reasons, for example, the proposed subtenant doesn't meet income requirements or has a poor credit history. If the landlord unreasonably refuses or refuses for no reason, you can go ahead and sublet. There's a procedure that you have to follow, including sending the proposed sublease to your landlord at least 30 days from the sublet. The site www.housingnyc.com has the procedures spelled out.

Assignment - your landlord may refuse an assignment for any reason or no reason; however, if the landlord is unreasonably refusing the assignment, he has to let you out of your lease in 30 days from the time you made the request to assign.

Your lease cannot diminish either of these rights. Oh, and the difference between subletting and assignment is that a sublet is supposed to be only for a portion of your lease where you're evidencing an intent to return before the end; an assignment is for the duration of your lease.

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