New York Sublease Agreement

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A New York Sublease Agreement allows a tenant, known as the sublessor to rent all or part of the property they are renting to another party, known as the sublessee. This allows a tenant who wishes to vacate the property without breaking their lease to do so, or allows a tenant to get a roommate or similar arrangement.

In New York, as in most places, a subleasing is discouraged and requires written permission from the landlord. A Sublease Agreement sets out what amount of the rent the sublessee is responsible for as well as any other provisions the sublessee must abide by. The sublessor is still responsible for rent and any damages done by the sublessee or any of their guests. However a Sublease Agreement can be useful if the sublessor needs to take the sublessee to Small Claims Court to seek restitution for any damages.

Request to Sublet

Whether or not there is a provision in the original lease stating the tenant is allowed to sublet, the tenant must inform the landlord and provide the following details:

  • The name of the incoming sublessee
  • The term of the proposed sublease
  • The permanent home address of the proposed sublessee as well as a business address
  • A detailed reason as to why the tenant is subletting
  • The tenant’s new address during the course of the sublease
  • If there is a co-signor or co-tenant on the original lease, the tenant will need their written consent.
  • A copy of the sublease agreement fully executed be delivered to the landlord.

NY Code – Section 226-B: Right to sublease or assign