Q: Landlord agreed I could sublet without restrictions, but now is trying to reject a sublet (with no explanation).
The original lease said no subletting without prior landlord approval, but it's a 2 bedroom apartment and I was signing the lease alone (with the intention of subletting the second room) so we agreed via email to amend that term to "There will be no restriction or extra fees on subletting, provided tenant sends a copy of the sublease agreement and a copy of the Photo ID of any potential subletters prior to them taking occupancy". No issues with my first subletter, but they moved out and I'm leaving the city for the holidays so I found someone who signed a 5-month sublease and is paying most of the rent in exchange for use of my room when I'm not there. Based on the amended terms, I figured it would be fine & sent it & ID to landlord before Nov 1. Now the subletter is already partially moved in and they're trying to say they don't approve and I need to cancel my lease and he needs to sign a new lease directly with them if he wants to live here (even though I plan to move back).
A:
If you intend to have a roommate occupy part of the apartment while you still live there, that is not a sublet.
The sole tenant on a written lease in NYC has the right to have a roommate witout any prior approval from the landlord. Only if you vacate the apartment while you have someone else live there is it considered a sublet.
If you are subletting instead of having a roommate join you in the apartment, the provisions of your lease control what you are allowed to do. A landlord does not have the ability to unilaterially change the terms.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
