Step 1 – Upload the document, read the document, if all parties are so inclined to go ahead with the agreement, enter the following review Verify that both parties have indicated the initials at the end of all pages of the agreement The owner or management of the property may require the subtenant to complete an application or file an additional deposit. However, if necessary, it should be in the original lease between the owner and the original tenant. If there are any restrictions that the new tenant needs to be aware of that are included in the original lease, they must also be included in this agreement. Any building constructed before 1978 must be checked for lead-containing paint. This can pose a risk to the tenant`s health, so if it was a disclosure that was included in the original lease, it should also be included in the sublease. The same goes for properties located in an area where mold and mildew could be a problem. You should review your original lease to see if you can sublet your apartment. It is recommended that a tenant obtain written permission from their landlord before subletting to New York City. Once you have entered into a sublet in New York, you are responsible for your subtenant and are responsible for violations of the original lease. In the case of a new sublease, the first thing that must be indicated at the top of the document is the names of the parties entering into the agreement.

The original tenant`s information is included in a section for the subtenant, and the new tenant inserts all of their information into the subtenant section. In both sections, the full names of the individuals as well as the current address of both parties and a telephone number to which they can be reached are required. Sometimes an email address is also required in this section as an alternative way to contact the parties. If a sublease is to be written, certain sections are required in the document. These sections that need to be covered include: Step 2 – Parties to this sublet – Provide the following information – To save time and make sure everything is filled in correctly, we recommend using our free sublet builder in New York City. You can also download our empty and fillable sublet in New York and read the steps to write your own below. Step 3 – Information from overletting with the landlord – Enter the following information: Sometimes the landlord states that the unit may be sublet to a third party approved in the original lease. They can give consent to a sublease in the lease, but they can also require the original tenant to draft the sublease and submit it to the landlord for signature before another tenant can move into the unit. If there is a procedure for obtaining consent, it should be set out in this section. A subtenant must comply with the terms of the sublet (as well as the original lease) and comply with all New York laws regarding the eviction process, security deposits, and all other landlord-tenant matters. This section sets out the terms of the sublease agreement, which includes the date the tenant takes over the unit and the date the lease with the landlord ends.

A copy of the original lease must be attached to the new agreement so that the new tenant can see all the details that may be essential to them. There are no specific laws when it comes to buildings with only a few units, but if the building or property that the owner rents has more than four units, the owner cannot object to the tenant subletting the unit. The only way to refuse a sublease is if it was specified in the original lease. They can ask for their consent to the agreement, but they cannot refuse the tenant form that creates one. It is preferable for the tenant to send an application to sublet the unit by registered mail so that the tenant can check if the landlord has received the document. The original tenant is also responsible for the actions of the third party that subleases the unit. This means that any violation of the rental terms is the responsibility of the original tenant, so to avoid unnecessary problems with the rental process, be sure to do background and credit checks before accepting a tenant for a sublet. Many landlords in the New York City area allow a tenant to rent the unit in a sublet, and they may also allow the third party to resume the terms of the unit`s lease when the lease expires. As mentioned earlier, this type of agreement does not break or modify the terms of the original lease; a third party is simply included in the agreement. The original tenant remains responsible for the conditions initially agreed.

This means that if the subtenant renting the unit to the original tenant does not pay the rent due on time, the original tenant is responsible for ensuring that the landlord receives the rent due, as well as any late payments that may be added to the amount. You must obtain formal permission from your landlord before you can sublet your property in New York City. The landlord has 10 days to request more information, and then they must respond within 30 days of your first or the landlord`s request for more information, whichever is later. If the landlord rejects the subletting application, it must be « reasonable » – usually for economic reasons or if the landlord suspects that the subletting is not temporary. Even if your application is denied, you can contest it. The last section of the sublease that must be included in the document is the signature section. The subtenant and subtenant must sign and date the document. There should also be a section where both parties can also print their names.

Also place a box in this section indicating that a copy of the original lease is included in the sublease. No, most tenants have the right to sublet their rental property. Tenants of apartment buildings with four or more units have the right to sublet, and even if their lease prohibits it, this clause is unenforceable. Tenants of a house or building with less than four units are not allowed to sublet and must comply with the terms of their lease. In New York, a sublet is legally binding and a sub-letter must go through the same eviction process that its landlord would follow if they wanted to remove it from the property. In this section, you can also set the landlord`s information so that the new tenant knows where to deposit the checks and where to call if they need something. However, this party does not need to be present, especially if the subtenant plans to collect the rent to give it to the landlord. Subletting does not in any way take precedence over the original lease, subletting still requires the original tenant to pay the landlord, but he is responsible for collecting the rental fee when due. If the utilities are still in the name of the original tenant, the same must be done to ensure that they are also paid on time. A sublease must respect the original lease.

It may not modify the provisions of this Agreement. In New York, the original tenant is still responsible for paying rent to the landlord on time, and if utilities are in the tenant`s name, they also need to make sure they are paid on time. The original tenant remains bound by the rental conditions, so if the subtenant violates the lease, the original tenant is liable. This is an option that some tenants choose when they need to move to another location. Instead of breaking the lease and losing the deposit, a sublease may be an option that can be used that does not legally violate the agreed terms. Before a tenant decides on this path, it is important to make sure that the property manager allows it. If the landlord does not require an additional deposit for the sublet unit, the subtenant may request that a deposit be provided to them in case damage occurs to the property while the new tenant lives there. .