Tenant Sublease Packages

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Commonly Asked Questions about Tenant Sublease Packages

What is the roommate law in NY?

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.

Can a landlord evict a subtenant in New York?

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.

What is the right to sublet clause?

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.

What is the difference between a sublease and a roommate agreement?

A Roommate Agreement is where there is one lease, naming both parties, with the owner of the property as the Landlord. A sublease, is where one person has a lease with the Landlord, and then enters into a sublease with another person and becomes their Landlord.

What is the law for sublease in NY?

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.

What is the sublet allowance in NYC?

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.

Why do landlords hate subleasing?

If the subtenant is somewhat shaky financially, the risk is not only that the subtenant will not live up to their obligations. An additional risk is the potential for extensive time and expense of eviction and remarketing the space.