Subletting
How to Handle Your Sublet: A Start-to-Finish Playbook
To handle your sublet well, do it in this order: read your lease, get your landlord’s written approval, tell your roommates, set a price, list with exact dates, choose someone fairly, sign a written agreement, and hand over the keys with photos of the place. Each step below takes an evening or less.
Sublet Buddy Guides3 min read
Lower Manhattan from Brooklyn. Photo: Sublet Buddy.
In This Guide 8 sections
The Short Version
- You stay the tenant. The rent and the apartment are still your responsibility while you are away.
- Get your landlord’s approval in writing before anyone moves in.
- Exact dates, an honest listing and a signed agreement prevent most problems.
- Take dated photos of everything on the day you leave.
Decide If a Sublet Fits
A sublet means someone lives in your place and pays rent while you are away, and you come back to it. If you are not coming back, you may want a lease takeover instead, where someone replaces you on the lease.
Do the math first. If your rent is $1,850 a month and you are away for 3 months, an empty room costs you $5,550. That number is the reason to spend a few evenings on this.
In New York City the stay has to be 30 days or longer. Shorter stays fall under the city’s short-term rental rules, which most apartments cannot meet.
Read Your Lease and Ask Your Landlord
Find the part of your lease about subletting or assigning. Then ask your landlord in writing. In a New York building with four or more apartments, state law gives you the right to ask, and the landlord cannot say no without a good reason. In a smaller building, the lease decides.
Start with a friendly email, then send the formal request by certified mail. Do not skip this step: subletting without approval can put your lease at risk.
Tell Your Roommates Early
Roommates should hear it from you before they see a listing. Agree on the dates, the shared-space rules and how the new person pays. If a roommate is on the lease with you, the landlord will usually want their written consent too.
Set a Price and List It
Start from what you pay, including utilities, and check what similar places are asking. Rent-stabilized apartments have limits on what you can charge.
Then write a listing with exact dates, the monthly price, what stays in the room and clear photos taken in daylight. List earlier than feels necessary: people plan a summer or a semester weeks ahead.
Talk to People and Choose Fairly
Answer messages quickly and ask everyone the same questions: their dates, how they will pay, and a reference. Do a video call or a visit. Choose on the stay, never on who the person is. Fair housing law applies to sublets too.
Sign an Agreement and Hand Over
Put the deal in writing: dates, rent, what is included, house rules and what happens if someone needs to end early. Attach your landlord’s approval.
In your last week, lock up or take what matters, write house notes, and photograph every room. On the day, walk through together and hand over the keys.
While You Are Away and When You Come Back
Keep paying your landlord on time, whatever happens with the subtenant’s payment. Check in once after the first week, then leave them alone unless something comes up. Name a friend in the city who can be there in person if needed.
When you return, walk through with your move-out photos in hand, collect every key, and settle any last bills within a few days.
Questions
What is the first thing to do when subletting?
Read the subletting section of your lease, then ask your landlord in writing. Everything else depends on that answer.
Am I still responsible for the apartment during a sublet?
Yes. You remain the tenant on the lease, so rent and the condition of the apartment are still yours to answer for with the landlord.
How long does it take to set up a sublet?
Plan for several weeks. A landlord in a building with four or more apartments has up to 30 days to answer a formal request, and finding the right person takes time too.
Can I sublet for less than a month in NYC?
Generally no. Rentals under 30 days fall under the city’s short-term rental registration law, which most apartments cannot meet.
More in Subletting
- How to Sublet Your Apartment for the Summer in NYC2 min read
- Sublet Checklist: What to Do Before You Leave4 min read
- How to Photograph Your Room for a Sublet (Phone Only)3 min read
- Sublease Agreement: What to Include Before You Sign4 min read
- Subletting with Roommates: How to Do It Right4 min read
- What to Do with Your Stuff When You Sublet Your Room4 min read
- When to List Your Sublet in NYC: Timing by Season4 min read
- Sublet Problems: What to Do When Something Goes Wrong4 min read
Ask the Guide Beta
Still Have a Question?
Answers come only from our own guides, with the guides linked so you can read the detail.
Official Sources
- New York Real Property Law § 226-b: right to sublease or assign (NY State Senate)
- NYC Rent Guidelines Board: subletting FAQ
- NY Attorney General: Residential Tenants’ Rights Guide
- NYC Office of Special Enforcement: short-term rental registration
Laws, prices and city rules change. Check these pages for the current version before you rely on any summary, including this one.
Link to This Guide
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<a href="https://www.subletbuddy.com/guides/how-to-handle-your-sublet">How to Handle Your Sublet: A Start-to-Finish Playbook</a> (Sublet Buddy Guides)This is general information, not legal advice. Rules differ by state, city, building and lease. Check your lease, get your landlord’s written approval before you sublet, and ask a local attorney about your situation.
Keep Reading
SublettingHow to Ask Your Landlord to Sublet in New YorkHow to ask your landlord to sublet in New York: a friendly email first, then a certified-mail request under Real Property Law 226-b, and the 30-day clock.4 min read
SublettingHow to Write a Sublet Listing That Gets RepliesHow to write a sublet listing: lead with exact dates and the monthly price, describe the room honestly, say what stays, and leave out who should rent it.3 min read
SublettingHow to Choose a Subtenant Fairly and LawfullyHow to choose a subtenant in New York: ask everyone the same questions about the stay, check references, have a call, and follow fair housing law.4 min read