Can a tenant sublet in New York?
In New York, a tenant with a lease in a building that has four or more residential units has the right to sublet with the landlord’s advance written consent, and the landlord may not unreasonably withhold that consent. The tenant must send the request by certified mail, return receipt requested, with the details the statute lists. A landlord who does not answer within 30 days after the request, or after any further information the landlord reasonably asked for, is treated as having consented. Assigning the lease needs the owner’s written consent, but an owner who unreasonably withholds it must release the tenant from the lease on 30 days’ notice if the tenant asks. A lease clause that waives these rights is void, and the section does not apply to public housing or to co-op proprietary leases. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is N.Y. Real Prop. Law § 226-b.
| What | New York |
|---|---|
| Subletting | Right to sublet in buildings with 4 or more units |
| Kind of rule | A right the statute gives the tenant |
Source
N.Y. Real Prop. Law § 226-b
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on November 13, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.
Guides on this rule
- Subletting Laws by State: When a Tenant May Sublet — Whether a tenant may sublet an apartment, the 18 states with a statute on subletting, and who owes the rent during a sublease.
Compare this rule in every state
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The same question in other states
- Alaska
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Kansas
- Kentucky
- Louisiana
- Missouri
- Montana
- New Hampshire
- Oklahoma