How do I go about subleasing my apartment in NYC?

Question

I want to sublet for about 3 months. Should I ask my landlord's permission? How do I determine a good candidate. I don't want my apartment to be trashed.

Answer 1

It's always best to do it legally and legally, you can NOT do that without your landlords permission. If you plan on finding strangers, it's best to to it the 'right' way. I know plenty of people that do it without asking the landlord but it's always risky. If you intend on doing this on your own, you HAVE to create a sublease yourself, have everything signed, get photocopies of their IDs, get all the money up front plus a security deposit, and possibly have the document notarized (just in case). The only plus about subletting illegally is that you can overcharge the person. If the rent is $1000/month, you can get away with asking for $1500/month. That's what a lot of people I know do.

This is from the housingnyc.com website:
SUBLETTING OR ASSIGNING LEASES
1) The tenant must send a written request to the landlord by certified mail, return-receipt requested. The request must contain the following information: (a) the length of the sublease; (b) the name, home and business address of the proposed subtenant; (c) the reason for subletting; (d) the tenant's address during the sublet; (e) the written consent of any co-tenant or guarantor; (f) a copy of the proposed sublease together with a copy of the tenant's own lease, if available.

2) Within 10 days after the mailing of this request, the landlord may ask the tenant for additional information to help make a decision. Any request for additional information may not be unduly burdensome.

3) Within 30 days after the mailing of the tenant's request to sublet or the additional information requested by the landlord, whichever is later, the landlord must send the tenant a notice of consent, or if consent is denied, the reasons for denial. A landlord's failure to send this written notice is considered consent to sublet.

4) A sublet or assignment which does not comply with the law may be grounds for eviction.

There are additional requirements pertaining to subleasing a rent-stabilized apartment. You CANNOT overcharge by any more than 10%. I suggest you read the full section of the webpage about that info as well...

Go to the link on the left of the page for 'Housing Resources", go down and hit "Tenant's Rights Guide". That's where they have some info on Subletting.

Answer 2

Make sure it's legal (often stipulations in your lease say otherwise) first and if so, your best bet would be either running an ad on craigslist or backpage for potential renters. Good candidates are subjetive, just make sure you ask for a security deposit and copy of drivers license or passport!! Bare in mind that you run the risk of someone never leaving ala Michael Keaton in Pacific Heights, Of course, if it says in your lease that you can't sublease, then it's a moot point. :)

Answer 3

Read your lease and find out if it have anything in your lease about subleasing. If it does not you can get a copy of a lease at any store like Office Max - they are forms and come with blank spaces to fill in the names, addresses, etc.