Updated September 24, 2023
A New York sublease agreement is a rental contract between a current tenant (holding a lease with the landlord) and a new tenant (subtenant) to re-rent the same property. This often requires consent from the landlord, as most leases prohibit the act of subletting the premises.
Subletting for fewer than 30 days
- Outside of NYC – Yes, in accordance with local laws (no State-wide rules).
- New York City – Yes, in accordance with the following rules:
- Register Online – Sublettors must be registered with the Mayor’s Office. If not, penalties of up to $5,000 can be assessed to repeat offenders. (§ 26-3102)
- 30-day Minimum – Guests cannot stay on the property for fewer than 30 days if renting an entire apartment or home. (NYC – Information for Hosts)
- Must be Present – For stays fewer than 30 days, the sublettor or person renting must be present at the property.
- Maximum of 2 Guests – No more than two paying guests simultaneously for a period of fewer than 30 days.
- No Limitations on Accessibility – Internal doors cannot be locked, such as to bedrooms or storage areas. Guests must have access to all areas of the premises.
- Penalties: Up to $5,000 for repeat offenders. (§ 26-3104)
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