Rules & Rights
Is Subletting Legal in NYC? The Rules in Plain English
Yes. Subletting is legal in New York City when you follow the process, and for most tenants that process is set by state law.
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Midtown Manhattan. Photo: Sublet Buddy.
In This Guide 7 sections
The Short Answer
If you rent in a building with four or more apartments, New York Real Property Law 226-b gives you the right to ask to sublet, and your landlord may not unreasonably refuse. You still need consent. Subletting without it can be grounds to end your lease.
How to Ask
Send a written request by certified mail, return receipt requested. It should include the term of the sublease, the name and address of the proposed subtenant, your reason for subletting, your address while away, the written consent of any co-tenant, and a copy of the proposed sublease with a copy of your lease.
The Clock
Within 10 days of your request the landlord may ask for more information. Within 30 days of the request, or of the extra information if it was asked for, the landlord must answer. If the landlord does not answer in that time, the law treats the silence as consent. The clock runs from a request sent by certified mail; an email, however polite, does not start it.
Who Is Not Covered
Buildings with fewer than four units follow the lease: if it forbids subletting, the landlord can say no. Co-ops and condos have their own rules and boards. Public housing and some subsidized apartments do not allow sublets.
Extra Rules for Rent-Stabilized Apartments
The apartment must remain your primary residence and you must intend to return. You generally may not sublet for more than two years out of any four, and you may not charge more than the legal rent, plus up to 10% if furnished.
The 30-Day Line
Renting an apartment for fewer than 30 days is restricted in New York City unless the host is present, and those stays must be registered. A sublet of 30 days or more is a different thing. Every stay on Sublet Buddy is 30 nights or longer.
Questions
Can my landlord refuse to let me sublet?
In a building with four or more units, not unreasonably. In smaller buildings it depends on your lease.
What if my landlord never answers?
If you sent the request by certified mail with everything the law requires and 30 days pass with no answer, the statute treats that as consent. Keep your receipts.
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<a href="https://www.subletbuddy.com/guides/is-subletting-legal-in-nyc">Is Subletting Legal in NYC? The Rules in Plain English</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.
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