Subletting Disputes in New York City

Tenants' Rights Attorney

Many landlords in New York City make it difficult or impossible for tenants to sublet their apartments. However, tenants have a number of protections that grant them legal rights to do so. At Silberman Law Firm, we advise tenants who wish to sublet their apartments — and also advise them in any landlord / tenant or tenant / tenant disputes.

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Subleases — Tenants' Rights

There is generally some protection granted to a tenant to sublet an apartment if there is a reason they have to move temporarily — moving to another city, moving in with another person while still maintaining a separate apartment, etc. These rules may be set under rent stabilization laws or the lease.

A tenant who wants to sublet an apartment must request permission from the landlord. The landlord must not unreasonably withhold consent. However, this is often a point of contention. A landlord may come up with unreasonable reasons to deny the sublet. If the tenant has reason to believe that the landlord unreasonably denied the request, he or she has the right to break the lease and leave.

Landlords frequently turn down requests to sublet an apartment, as they would rather have a tenant simply move out. They want to be able to rent the apartment for a higher price, and get closer to the point where they can deregulate it from rent stabilization. At Silberman Law Firm, we are well aware of the tactics NYC landlords use to increase their bottom line — while neglecting the needs of tenants.

Occupancy Issues — When the Subletter Doesn't Want to Leave

In many cases, after living in the apartment for a period of time — for example, a summer sublet — the subletter does not want to leave. When the primary tenant comes back wanting to once again live in the apartment, problems can arise.

In this case, the prime tenant can commence a proceeding to remove the subletter. This is a tenant / tenant issue that doesn't involve the landlord. Issues can also arise in an assignment, when the primary tenant passes on all rights and responsibilities to the subletter.

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Silberman Law Firm

Employment and Tenant

Since 1989