New York, NY asked in Business Law and Landlord - Tenant for New York

Q: If I rent apartment and I rent it for another people Is this legal or am I legally held accountable for this

2 Lawyer Answers
T. Augustus Claus
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A: Renting an apartment on your own and then subletting or renting it to someone else is generally known as subleasing. The legality of subleasing depends on several factors, including your lease agreement, local laws, and the landlord's policies.

In many cases, subleasing requires the landlord's approval. Some leases explicitly prohibit subleasing without the landlord's consent. If you sublease without permission and it's against your lease terms, you could potentially face legal consequences or eviction.

Steven Warren Smollens agrees with this answer

Steven Warren Smollens
Steven Warren Smollens
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: A statewide statute allows for a tenant the right of Subleasing an apartment in a building with four or more apartments with the advance written permission from the landlord even if the lease did not allow the right to sublet. https://www.nysenate.gov/legislation/laws/RPP/226-B

The statute does not give any right to sublease an apartment in a building with less than four apartments unless the lease provides for the opportunity to sublease.

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