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Commonly Asked Questions about Sublease Applications

Find out if subletting is allowed. Also check your lease, which may lay out specific rules about subletting. Its smart to put your subletting request to your landlord in writing and ask them to reply in writing as well. If your landlord claims youve been illegally subletting, you could be evicted.
Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.
Like any other tenant, subtenants must be evicted properly through the courts, or a master tenant or landlord could face severe legal consequences. Generally, a master tenant, landlord or property manager may evict a subletter for the same reasons as they would a tenant.
When only one tenant is named on a lease, the tenant has the right to take in a roommate and the roommates dependent children. When two or more tenants are named on the lease, the number of tenants and roommates cannot exceed the number of tenants named in the lease.
Under Section 2202.6 of the Rent Control Regulations, an owner may apply to DHCR for a sublet allowance of ten percent when a prime tenant sublets to a subtenant. If the increase is granted, the prime tenant may pass it on to a subtenant.
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Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants primary residence.
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.