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Am
I legally entitled to sublet my rent stabilized apartment?
You are entitled to request permission to sublet from the owner, and the owner
may not unreasonably refuse such permission. However, you must inform the owner
by certified mail, return receipt requested, no less than 30 days prior to
the proposed subletting. Your request must contain the following:
- the term of
the sublease
- the name of
the proposed sublessee
- the business
and permanent home address of the proposed sublessee
- the reason
for the sublet request
- your address
for the term of the sublease
- written consent
from any co-tenant or guarantor on the lease
- a copy of the
proposed sublease (along with a copy of your lease, if available) acknowledged
by the tenant and subtenant as a true copy of the sublease
The
landlord has ten days to ask for additional information which you must provide
so long as the request is not unduly burdensome. If the landlord fails to
respond to the sublet request within 30 days, then a failure to respond is
deemed consent. If the landlord unreasonably withholds consent the tenant
may proceed with the sublet. If the owner commences a legal action challenging
the sublet and the tenant prevails in demonstrating that the withholding
of approval was unreasonable or that the landlord acted in bad faith, the
tenant may recover his or her attorney's fees.
The
owner is also entitled to charge you a sublet allowance (click here for
the current rent guidelines) effective with the commencement of the sublet,
and which is rescinded once the subtenancy ends and the prime tenant returns.
You may pass this sublet allowance along to the subtenant plus up to an additional
10% (at the prime tenant's discretion) if the unit is furnished.
Be
sure to follow all of the rules in subletting. For detailed information,
check out the DHCR Fact Sheet #7.
You
can also order a publication from the NY State Tenant & Neighbors Coalition
(Manhattan) at (212) 608-4320 on subletting which is quite comprehensive.
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How
long can I sublet for?
Under
the Real Property Law and the rent stabilization laws you have the right
to sublet your apartment for up to two years during a four-year period. But
you must follow the proper procedures outlined in the prior question.
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I
am subletting - can I take over the lease?
Under
state law, the owner must provide written consent before the primary tenant
can "assign" (transfer) the lease to you. The owner does not need to give
you a reason if he or she does not consent to the assignment. For detailed
information, check out the DHCR Fact Sheet #7.
You
can also order a publication from the NY State Tenant & Neighbors Coalition
(212) 608-4320) on subletting which is quite comprehensive.
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I
just signed a lease renewal for my rent stabilized apartment but I may
also buy a new residence - if I need to, how do I sublet my apartment?
As
a rent stabilized tenant you have the right to sublet your apartment under
certain circumstances (see the 1st question above)
but you must always maintain that apartment as your primary residence. For
example, if you wish to sublet while you take a temporary job assignment,
or you are in the military service or college, or you expect to spend four
months wintering in Florida, you may still be considered a primary resident.
You may not sublet if you have another primary residence. If you do, the
landlord may successfully terminate your tenancy in court. This could be
expensive. If your lease has an attorneys fees clause and you lose, you may
have to pay the landlordĦs attorneys fees.
For
more information on subletting a rent stabilized apartment see this "fact
sheet" on our site.
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My
landlord denied my request to sublet without reasonable grounds - what
is the next step?
Under
the law a landlord cannot unreasonably withhold the right to sublet. However,
the landlord can refuse to sublet with good reason. For instance, if the
proposed tenant has a poor credit history, is unemployed, etc. the landlord
could refuse to sublet. If you proceed with a sublet after it has been reasonably
rejected by the landlord, you may face eviction. Such breaches of the lease
are "curable" however. If you lose the case you may keep the apartment by
having the subtenant promptly move out (usually within ten days of judgment).
Even if you cure, you may still have to pay the landlordĦs attorneyĦs fees
if your lease has an attorneyĦs fees clause.
On
the other hand, if the landlord refused to sublet simply because of the tenant's
race, ethnicity, religion, etc. this would not be a proper reason. Or, if
the landlord did not provide a reason or provided a reason that is clearly
spurious, you could proceed with the sublet.
If
a proposed subtenant has been unreasonably refused, you may proceed with
the sublet and defend any challenge brought by the landlord. If the court
agrees with you, you can recover your attorney's fees. For more information
on housing court in New York City, see our two resources on housing court here and here.
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I'm
subletting and I found out I'm being overcharged - what can I do?
If
your apartment is rent-stabilized, you can contact the NYS Division of Housing
and Community Renewal (DHCR), the state agency that administers the rent
laws, at 718-739-6400.
According
to the rent stabilization laws, the prime tenant may not demand "key money" or
overcharge the subtenant (you). If the prime tenant overcharges, you may
file a "Tenant's Complaint of Rent Overcharge and/or Excess Security Deposit" (DHCR
Form RA-89). If DHCR finds that the prime tenant has deliberately overcharged
you, then he may be required to refund to you three times the overcharge.
Check out the "fact sheet" on our site.
If
your apartment is not rent-stabilized, the following organizations may be
able to assist you:
- NYS Attorney
General's Office (212) 416-8000
- NYS Tenant & Neighbors
Coalition (212) 608-4320
- M.E.T. Council
(212) 979-6238
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Disclaimer: By
providing answers to frequently asked questions the staff of the Rent
Guidelines Board attempts to clarify the often complex programs and
regulations governing landlord tenant relations in NYC. However the
information provided herein does not represent official policies
or opinions of the City of New York or the Rent Guidelines Board. Nor
should this information be used to substitute for advice of legal counsel.
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