Sublease Agreement Nyc Legal
If your landlord decides to refuse your subletting application, the refusal must be appropriate. Your landlord cannot unduly respect consent to sublease. If your landlord refuses your application and you think it was an inappropriate denial of the right to subtenant, you can sue the sub-distribution, but at your own risk. If your landlord sues you for subletting (i.e. sublet without authorization) and you can prove that the landlord acted unreasonably in rejecting your claim, you may be able to reimburse your landlord for the legal fees you had to pay to defend yourself against the owner`s complaint. Even after the “Multiple Housing Act” came into force in 2011, many short-term rents became illegal. In order for a sublease to be protected under New York law, subletting must last at least 30 days and no more than two years. The owner can request more information within ten days of termination. And the owner must reject or accept the application within thirty days of termination. If the lessor does not respond in time, the authorization is deemed granted and the tenant can sublet. As always, the tenant of the registration is responsible for all the terms of the tenancy agreement, even if he has a tenant. Therefore, if you are not able to return the owner to clear and free possession with the owner`s final contract, the landlord is more likely to initiate over-ten proceedings against you and the subtenant for lawful possession. The practical implications are that you are probably responsible for unpaid rent and legal fees because you have, not the subtenant, a rental contract with the landlord.
However, assuming you have a valid sublease, you have the right to sue your subtenant if these costs are reimbursed in accordance with your sublease agreement. If you live in a controlled apartment, you are not allowed to sublet your accommodation. Residents of public or subsidized housing (for example. B section 8) should review the rules of each program and may need a lawyer before subleting them. Residents of co-ops and condominiums are often subject to exclusive status or lease conditions — they may be able to sublet, but it is not a legal right. If you leave the apartment for a short period of time for some reason, you can sublet the apartment. But you have to prove that this apartment is still your main residence.