In most cases, it is legal to sublease your apartment in Manhattan. Depending on the details of your rental agreement, though, there will be different requirements for subletting.

Subletting, or subleasing, is when a tenant temporarily rents out their apartment to another person, called the subtenant. Subletting is a great option to help you save money on rent while you go on a long vacation, take a work opportunity in another city, or visit family back home.

Subleasing can be a confusing process.

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Is subletting legal in Manhattan?

Unless you live in NYCHA public housing or are receiving Section 8 rental subsidies, it is legal to sublet in Manhattan. (If you are in NYCHA or receive Section 8 subsidies, sublets are not permitted under any circumstances.)

The right to sublet and steps for finding a subtenant vary depending on the type of unit you are renting. Regardless, a sublet in New York must be a temporary agreement, meaning tenants must intend to return to their unit after the sublet period is up.

If you do not intend to return to your unit, then you would be assigning your lease, which has a different set of regulations.

Buildings with four or more units

If you are renting a unit in a building with four or more units, then you have a legal right to sublet your apartment. This means that even if your lease prohibits subletting, there is no means of enforcing the clause.

There are still rules and procedures to follow, though. Your subtenant must be as qualified as you to meet rent requirements, and your landlord still has the right to refuse a sublet request if their refusal is “reasonable.”

Typically, this means that they must have a justified reason to believe that the subtenant cannot afford to pay the rent or that the tenant will not return to the unit.

Buildings with less than four units

If you are renting a single-family home or a unit in a building with less than four units then you do not have a legal right to sublet.

In these cases, whether you can sublet your space depends on what is written in your lease agreement.

Rent-regulated or rent-stabilized units

If your unit is rent-regulated or rent-stabilized, there are additional rules that you must adhere to in order to sublet your apartment.

Tenants in these cases can only upcharge on their rent if the unit comes fully furnished, and even so, the upcharge must not exceed 10%.

Take this rule seriously—if you break it you can be sued for up to three times the illegal overcharge, plus the requisite legal fees.

Additionally, in rent-subsidized units, tenants can only sublease their unit up to two out of the last four years, counting from the end of the proposed sublease request. So, if you request an 18-month sublet, but last year you subleased your apartment for one year, your request would be rejected for violating this requirement.

Key Takeaway Verify the type of unit you’re renting, check your lease, and make sure you follow the necessary regulations when finding a sublet.

How to sublet an apartment in Manhattan

Setting up a sublease can seem stressful, but if you know the requirements, it’s quite a straightforward process.

Get approval from your landlord

The first (and most daunting) step is to ask permission from your landlord via a written request. The request must be sent by certified email and include a return receipt request.

You must include the following information in your request:

The start and end date of the sublet

The reason for subletting

The tenant’s new address for the term of the sublet

The written consent of any guarantor or co-tenant on the lease

The name of the subtenant

The business and permanent address of the subtenant

A copy of the proposed sublease, with the original lease attached, signed by the tenant and subtenant

The landlord then has 10 days to request additional information. This request cannot be “unduly burdensome” so that it buries the tenant in paperwork and delays the process. The landlord is allowed to ask for more paperwork, like tax records, pay stubs, or credit scores.

The landlord must reply in writing within 30 days of the written request or 30 days of the request for more information (whichever is later). If they do not reply within this period, you can assume your request is accepted.

If the landlord rejects the request, they must explain their reasoning. A landlord cannot deny a request simply because of preference.

Finding a subtenant

If you don’t have someone lined up as a subtenant, you will have to search around. Fortunately, in an area as lively as Manhattan, you shouldn’t have a problem. Various online platforms can make it easy to find a subtenant, including:

Facebook marketplace

Craigslist

Sublet.com

Leasebreak.com

It is a good idea to conduct a background check on any potential subtenants and request documentation of their income to ensure they are capable of meeting all rental requirements.

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Continue paying rent

You are still responsible for paying the rent on your apartment.

This is why it is important to ensure your subtenant is financially capable of covering the agreed-upon portion of your rent. This is also why many refusals from your landlord can be challenged.

If your subtenant cannot pay their rent, it is your responsibility to cover the missing expenses.

If your landlord worries the subtenant won’t be able to pay all rent and utilities or could damage the property, they may accept the sublease if you agree to assume responsibility for any financial losses.

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