New York Tenant/Landlord Laws grant tenants the right to sublet their apartments, and the landlord cannot unreasonably refuse the offer. In addition, sublease agreements must be at least 30 days and the tenant must receive landlord approval.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In New York, if the original lease does not contain language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A New York sublease agreement should include the following sections: