If you’re an owner, bear in mind that most co-op and many condo boards have their own rules about subletting. In some cases, the board will simply want to be informed. In other cases, the board will need to approve the individual or individuals to whom who are subletting. In other cases, your board may not permit sublets at all.

Renters

If you’re a renter, the situation is a bit more complicated. According to the NYC Rent Guidelines Board, renters are “entitled to request permission to sublet from the owner, and the owner may not unreasonably refuse such permission.” But the guidelines further state that the renter must “inform the owner by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting.” Moreover, the request must contain a.) the term of the sublease; b.) the name of the proposed sublessee; c.) the business and permanent home address of the proposed sublessee; d.) the reason for the sublet request; e.) your address for the term of the sublease; f.) written consent from any co-tenant or guarantor on the lease; and g.) a copy of the proposed sublease (along with a copy of your lease, if available) acknowledged by the tenant and subtenant as a true copy of the sublease.

The good news is that if the owner doesn’t respond to your request within 30 days, then you can legally conclude that they have given their tacit consent. If the owner “unreasonably withholds consent to sublet,” you can also proceed with the sublet, though doing so may cause more trouble than it’s worth. The bad news is that owners can charge a “sublet allowance” (this is usually 10 percent of your rent). You can pass along this fee to your subletter and, assuming your apartment is already furnished, you can also charge an additional 10 percent fee. However, beyond the sublet allowance and furnishing fee, you can’t legally charge more for your unit than you are already paying. In other words, if you have ever fantasized about renting out your one-bedroom apartment for $500 per night throughout the month of July, think again. You might be able to do this, but it’s technically illegal, and if you’re caught, you’ll likely be evicted.

For a complete list of subletting rules, consult the HCR Factsheet.