Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    A rendering of the roofdeck at 55 Broad Street.
    Rent
    Housing lottery launches for 143 apartments in the Financial District
    Aerial panoramic view of Red Hook, Staten Island, Brooklyn, and Verrazano-Narrows Bridge
    Sales Market
    24 NYC neighborhoods where median prices more than doubled in the past decade
    431 West 54th Street is a co-op building that allows subletting.
    Investing
    Want to buy an investment apartment to rent out? Here's what you need to know
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Young woman using laptop at new apartment, with moving boxes around.
    Roommates + Landlords
    Didn't get your security deposit returned in NYC? A new chatbot can help
    A rendering of the six-story building in Park Slope.
    Affordable Housing
    Housing lottery launches for 45 rent-stabilized units in Park Slope
    Laura and her dog Jack
    Rent
    Why I moved to NYC from Brazil: I relocated for work and reunited with friends I made 15 years ago
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    new condo building and older co-op buildings in Prospect Heights, Brooklyn
    Sell
    Brooklyn median price nears $1 million but the spring market is a question mark
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
    NYC apartment buildings with fire escapes
    Neighborhood Intel
    Can you sit on a fire escape in NYC? 5 things to know
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    mini splits apartments new york city
    Products + Services
    Yes, you can install central AC in your co-op or condo unit. Here's how
    image
    Products + Services
    Take back your deck! How to win the war with mosquitoes and enjoy outdoor living again
    NYC apartment building with AC units
    Products + Services
    My neighbor's dripping AC is driving me crazy. What can I do?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
    Building facades in New York in winter
    Roommates + Landlords
    Ask Altagracia: I withheld rent due to inadequate heat and I'm being hassled to pay it back. What should I do?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
The subscription service is currently unavailable. Please check again later.
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Ask Altagracia [ SPONSORED ]

Ask Sam: I got a job offer out of state. Can I sublet my rent-stabilized apartment?

By Himmelstein McConnell Gribben & Joseph LLP  | February 18, 2015 - 9:59AM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

Dear Sam: I just got a temporary job in California and I want to sublet my rent-stabilized apartment. I read my lease and it seems to say I can't. I asked my landlord and he said that if I sublet he'll evict me. Do I have a right to sublet, and if so, for how long? How much am I allowed to charge the subtenant?

Believe it or not, you actually are allowed to sublet your rent-stabilized apartment—within reason, that is. There's a section of New York Real Property law granting renters (even in stabilized apartments) the right to take on a subletter, so long as your building has four or more units, and isn't a co-op or a government subsidized building like a Mitchell-Lama. "The law is sort of like a how-to of exactly what you have to do," says  Sam Himmelstein, a lawyer who represents residential and commercial tenants and tenant associations. "You have to follow it to the letter." (One thing to note: these rules don't apply to rent controlled tenants, who don't have any legal rights to sublet.)

If you want to accept the gig out west without losing your apartment (or losing money paying rent on a place you're not living in), here are the key factors to keep in mind:

  • How long you can sublet: In order to prevent people from turning subsidized apartments into investment properties, and to insure that the prime tenant keeps the apartment as their primary residence,  there are specific restrictions on how long you can set someone up in your apartment. Stabilized tenants can only have a subletter in place for 2 years out of any given 4 year period. Additionally, the apartment has to be your primary residence, and you need to have clear plans to move back in at the end of your subtenant's lease. "If you say you’re subletting because you just bought a house in Montclair, you have two kids, and the apartment's a one-bedroom, it's pretty clear you aren't coming back and the landlord can reasonably refuse," says Himmelstein.  One nice little boon for rent-stabilized renters: since your landlord is legally obligated to offer you a lease renewal, you can give a subtenant a two year lease, even if there are only six months left on your current contract.
  • How much you can charge: Again, don't go into this hoping to turn your stabilized digs into a money-making operation. (If you overcharge, your subtenant and your landlord are well within their legal rights to sue you and evict you, respectively.) You can't charge your subtenant more than your actual rent, unless you're giving them the apartment fully furnished, in which case you can charge 10 percent above your legal rent. And even then, you'll likely be breaking even, at best; the landlord is allowed to ask for a sublet surcharge, which is currently 10 percent. The logistics depend on the landlord, but your best bet is likely to have your subtenant send their rent to you, and then pay the landlord yourself.
  • What to include in the contract: It's important to write up a clear sublease laying out the arrangement with your subtenant, both to stay on the right side of the law, and to protect yourself. Specify the start and end date of the lease, and how much they'll be paying. If you'll be getting a new lease during their stay, include a clause saying you can raise their rent if the landlord raises yours. Also include a clause that if your subletter violates the lease and you end up suing them (and/or getting sued by your landlord), they'll be responsible for your legal fees.
  • How to ask your landlord: To pull this off, you'll need to make things very official. Send your request to sublet via certified mail with a return receipt request, and include the dates of the sublet, your reason for subletting, the name and permanent home and business address of your proposed subletter, the address where you can be reached while subletting, a copy of your proposed sublease, and a copy of your lease with the landlord. "The landlord is allowed to ask for additional information," explains Himmelstein, usually the typical questions they'd ask of any tenant. Once you submit responses to their questions, the landlord has 30 days to respond, and if they don't, that counts as defacto approval. "If you present them with someone who has a steady income, can clearly afford the rent, and has a decent background, it will be hard for them to say no," Himmelstein adds.
  • What to do if the landlord says no: If the landlord refuses and doesn't have what seem like reasonable grounds to do so, it's an option specifically authorized by the sublet law—albeit a risky one—to have the subletter move in anyway, and let the landlord decide if they'll take you to court over it. "If they sue you and your defense is that you sublet in accordance with the law, your landlord's case can be dismissed," says Himmelstein. "That's why it's really important to do things exactly the way the law requires." However, landlords are often wary of pursuing illegal sublet cases, since a court would likely require you to "cure" the situation by moving back in and/or removing the subtenant. "If they win, they don't get the apartment back," says Himmelstein. But don't think that means you can do whatever you want and hope your landlord doesn't bother to prosecute. "Many landlords will wait until the lease expires, then bring a non-primary residence case," which could lose you your rent-stabilized apartment altogether.

Related: 

Ask Sam: Can my landlord kick me out of my apartment so his family can move in?

Ask Sam: My landlord's renovation is making my life miserable. What are my rights?

Ask Sam: How do I find out if my apartment should be rent-stabilized—and if the landlord owes me money?

Ask Sam: What's a "Major Capital Improvement," and does it really mean my landlord can raise the rent?

See all Ask a Renters' Rights Lawyer


Sam Himmelstein, Esq. represents NYC tenants and tenant associations in disputes over evictions, rent increases, rental conversions, rent stabilization law, lease buyouts, and many other issues. He is a partner at Himmelstein, McConnell, Gribben, Donoghue & Joseph in Manhattan. To submit a question for this column, click here. To ask about a legal consultation, email Sam or call (212) 349-3000.

Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

Ask Altagracia boards landlords Montclair Neighbors rent regulation renting sponsor story staff subletting
SHARE
TWEET
BRICK’S PICKS
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Council Member Shahana Hanif hold press conference before the City Council vote on Arrow Linen spot rezoning.
City Council signs off on 10-story towers for Arrow Linen site
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login