New York Sublet Law: The Right to Sublease an Apartment
In New York buildings with four or more units, a tenant may sublet with the landlord’s consent, which cannot be unreasonably withheld. The steps and deadlines.
By Seayora Editorial Team · Published · Facts checked · 3 min read
Short answer: Under New York Real Property Law § 226-b, a tenant with a lease in a building of four or more residential units has the right to sublet, subject to the landlord’s written consent in advance, and that consent may not be unreasonably withheld. The tenant asks by certified mail with seven listed items, the landlord may ask for more information within ten days, and a landlord who sends no answer within thirty days is deemed to have consented. A lease cannot waive these rights. Assigning the lease is different: a landlord may refuse without cause.
Key takeaways
- The right to sublet applies in buildings with four or more residential units.
- The request goes by certified mail, return receipt requested, with seven listed items.
- The landlord has ten days to ask for more information and thirty days to answer; silence is consent.
- The tenant stays liable under the lease for the whole sublease.
- A sublet that does not follow the statute is a substantial breach of the lease.
Can a tenant sublet an apartment in New York?
Yes, in most larger buildings. The statute says a tenant renting a residence under an existing lease “in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld” (Real Property Law § 226-b(2)(a)). In a building with fewer than four units the statute gives no such right, so the lease governs.
What must the sublet request include?
The tenant informs the landlord by mailing a notice of the intent to sublease by certified mail, return receipt requested. The request must be accompanied by seven things:
- The term of the sublease.
- The name of the proposed subtenant.
- The business and permanent home address of the proposed subtenant.
- The tenant’s reason for subletting.
- The tenant’s address for the term of the sublease.
- The written consent of any co-tenant or guarantor of the lease.
- A copy of the proposed sublease, with a copy of the tenant’s lease attached if available, acknowledged by the tenant and the proposed subtenant as a true copy.
How long does the landlord have to answer?
| Step | Deadline | What happens |
|---|---|---|
| Landlord asks for more information | Within 10 days after the request is mailed | The request must not be unduly burdensome. |
| Landlord consents or refuses with reasons | Within 30 days after the request, or after the extra information, whichever is later | A refusal must state the landlord’s reasons. |
| Landlord sends nothing | After those 30 days | The failure to send a notice is deemed a consent to the sublet. |
What if the landlord refuses?
It depends on whether the refusal is reasonable. If the landlord reasonably withholds consent, there is no sublet and the tenant is not released from the lease. If the landlord unreasonably withholds consent, the tenant may sublet in accordance with the request, and may recover the costs of the proceeding and attorney’s fees if the owner is found to have acted in bad faith. Either way, a tenant who sublets with consent “shall nevertheless remain liable for the performance of tenant’s obligations under said lease.”
How is assigning a lease different from subletting?
An assignment transfers the whole lease to someone else. Unless the lease gives a greater right, a tenant may not assign without the owner’s written consent, and the owner may withhold that consent without cause. The tenant’s one remedy is a release: if the owner unreasonably withholds consent, the owner must release the tenant from the lease on the tenant’s request, on thirty days’ notice (§ 226-b(1)).
Which apartments are not covered?
- Public housing and other units with constitutional or statutory criteria for admission.
- Co-op apartments held under a proprietary lease.
- Rent-stabilized and Emergency Tenant Protection Act units follow this section subject to those laws’ own provisions, and rent-controlled tenants’ rights are not changed by it.
A lease clause that tries to waive these rights is void, and a sublet or assignment that does not comply with the section is a substantial breach of the lease.
Frequently asked questions
Can a landlord refuse a sublet in New York?
In a building with four or more residential units, only for a reasonable cause, stated in a notice sent within thirty days. If the landlord sends no answer in that time, the law treats it as consent.
Do I need my landlord’s permission to sublet in NYC?
Yes. The tenant must ask in advance by certified mail with the items the statute lists. Subletting without following the statute is a substantial breach of the lease.
Am I still responsible for the rent if I sublet?
Yes. The statute says the tenant remains liable for the tenant’s obligations under the lease during the sublease.
Can a lease ban subletting in New York?
Not in a building with four or more residential units. A lease provision that purports to waive the statute is null and void.
Sources
- N.Y. Real Property Law § 226-b, Right to sublease or assign, New York State Senate
How Seayora helps
Lease renewals: Seayora keeps every lease, its term and its signers in one record, so a sublet request is checked against the lease it actually amends.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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