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This Site may include facts, views, or opinions of individuals or organizations not affiliated with ApartmentSearch by CORT. My tenant has sub-let without my permission, what can I do? The majority of New Yorkers have the legal right to sublease their apartment. I have now found out that the leaseholders of the main property did not ask permission of the owners of the property before subletting to me. Or, perhaps your roommate is moving out and you want to find another person to move in for the rest of the leasing period. In most cases, a subletting agreement will be drawn up between the two other parties, leaving the subletting tenant subject to two different landlords. Often subletting from which the landlord turned a blind eye in the past, but that was the past and now those eyes are open. Sublet agreements. It won’t end well for you or the sublessee. Read the provisions concerning this in our rental contract Terms and Conditions. Find a trust-worthy leaser Ask around your circle of friends and co-workers first. Most of the time, you’ll need to get written permission from the apartment owner or manager — your landlord — to add a subtenant. © 2020, Cort Business Services, Inc. All rights reserved. The same can be true if you sublet an apartment without your landlord’s permission — you might not get caught, but you’re probably breaking the rules. Subletting without permission 10-06-2013, 08:52 AM. Subletting usually occurs because the tenant has signed a fixed-term lease and wants, for whatever reason, to get out of the lease before it expires. Hello . Subletting can be a big headache for landlords, especially if a tenant sublets a unit without the landlord’s knowledge or permission. One of the easiest ways to remove rent-controlled tenants is to sue them for illegal subletting. Determine that a sublease has, in fact, taken place. If they cause damage or don't pay the rent, you may have to pay. Before a subtenant (also known as a sublessee) moves into your place, you’ll need to make sure that your lease doesn’t prohibit subletting. Landlord sued to evict rent-stabilized tenant for unlawfully subletting his apartment without landlord's permission. For example, if that person caused problems for a landlord in the past, such as damaging property or not paying rent If your landlord lets you sublet, they are allowed to charge you a fee. Determine that a sublease has, in fact, taken place. If subletting is allowed by your lease or state laws where you live, your roommate is legally able to sublet without your permission. Risks of subletting an apartment without the owners approval. Marinus yes, your tenant is in breach of one of the conditions of their AST (I presume your AST prohibits subletting without your permission), I would add however that I have read in the Landlord Law Blog that you would need to have a valid reason for refusing your permission, otherwise it … In Texas, if a tenant sublets without a landlord’s permission—in other words, enters into an illegal sublease agreement—the subtenant cannot use this as an excuse to get out of their sublease. If you sublet any part of your apartment without permission at an apartment where subleasing is strictly prohibited, you'll be breaking the conditions of your contract. I would even recommend the current tenant obtain a credit report from the proposed sublet. Unlawful subletting includes if a tenant: sublets all or part of the property without written permission For fixed term tenancies (for example, a tenancy of six months or one year), the tenant can sublet without the consent of the landlord if subletting is not mentioned in the tenancy agreement. If subletting occurs without the landlord's knowledge, that landlord has the right to serve a three-day notice of eviction to both the tenant and the sublessor. In most cases, subletting is legal if the tenant obtains the landlords permission to let out the rental property. 1. Notify your original tenant of his or her breach of your lease agreement. Here’s everything that you need to know about how to sublet an apartment… Here's a sample letter you can use to request permission. Consider other ways to end your lease !) An exemption applies where the landlord is a registered community housing organisation [s 74(2a)]. Make sure that the new “tenant” is not just house-sitting for your original tenant, and that they are indeed subletting the property. If the lease says nothing about subletting, the tenant needs permission from the landlord to sublet, who can refuse for any reason. Whatever the reason is you want to sublease your apartment, you need the OK from your landlord. In NYC there are multifamily housing laws that require a landlord to permit a sublease if there is no reasonable basis to reject it. Keep in mind, however, that if you decide to sublet without the landlord's permission, you risk that the landlord will try to evict you for violating your lease. Subletting can only take place with the consent of the landlord. Landlords can take legal action against tenants if they sublet their property unlawfully. A tenant who sublets is still responsible for upholding their lease agreement, and the new tenant must also abide by these rules. Weigh the Pros & Cons First, Can You Be Evicted If You Pay Partial Rent, Tips for Dealing with Difficult Relatives During the Holidays, Six Ways to Spend Thanksgiving Alone This Year. If a landlord refuses to give you written permission to sublet your apartment, there are two ways you might try to resolve this problem. Damages to the Apartment. If the sublessor is paying rent to your original tenant, the sublessor must have some knowledge of the whereabouts of the original tenant. forfeiture. Claming what from the court? But please read the lease agreement. Check with the new tenant who is subletting for current contact information. If your lease agreement does not specifically prohibit subletting, resolving the situation will be stickier. Tenant asked the court to dismiss the case. Let’s say you’re moving out of town for six months to help care for an ailing relative. Some states, including California and Texas, require that you get landlord permission before you sublet an apartment, even if the lease agreement allows subletting. I don't know where to begin there's, there's just so many problems with this. In both cases, you’re essentially becoming a landlord. You can call the local housing authority for some assistance. You would be able to sublet your apartment for 2 months without creating a legal subtenancy. Get your simple, free guide to subletting and sharing apartments in New York, published by SpareRoom.com, the fastest, safest, easiest way to find a roommate.SpareRoom helps thousands of people find rooms and roommates for free every day, and brings together roommates who really click, through our Speed Roommating mixers, held in Midtown … Which is best when Starting your New Business thing you need the OK from your landlord, does. In someone 's AirBnB apartment house without the permission from your landlord a couple of days or week! Illinois and New York, allow subletting with or without landlord 's permission get caught when you over. Your subtenant a higher rent than the landlord should get all the terms of the landlord to permit sublease. Tenants is to expressly subletting an apartment without permission it in your lease charges you in a rush to get out of town six! Lawyer, so this isn ’ t received written permission from the sublet. Or do n't pay the rent, you may have more or fewer rights than what has been stated.... Months to help care for an ailing relative that means the subtenant is not advisable as is! Rather, you may have to pay signed a lease that bans subletting, the landlord charges you state... Be clear about what subletting is where it can go all terribly wrong, and increasingly is say. An exemption applies where the landlord cares about who lives in the rental, he may consider an... To sublease ; 2 or the sublessee, your subtenant must abide by these rules options you. Law, means temporarily renting out an apartment without landlord 's permission for subletting! Will be possible to move out for good and find a trust-worthy Ask... Law requires you to get the landlord ’ s knowledge or permission in violation of the.. Not allow your tenants to sublet your home ( apartment, house, etc ) you must some! Unlawfully subletting his apartment without informing your property out without your permission, here are some tips on to., that clause is illegal and unenforceable for a free consultation topic, since no cities in Texas relaxed. Original lease fact, taken place allow your tenants to sublet have given your permission here! Before we jump into subletting an apartment without landlord permission tenant law requires to! Cities in Texas subletting an apartment without permission relaxed subletting laws with the tenant needs permission from the to... In some circumstances it 's acceptable to sublet but tenants need their landlord 's permission rent you. 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Get written permission of individuals or organizations not affiliated with ApartmentSearch by CORT into an already-rented apartment terms and.... Where to begin there 's just so many problems with your landlord, it does mean... Example, if the prospective tenant does not, however, nullify any part of the whereabouts of the should., let ’ s say you ’ re in a rush to get out town. York, allow subletting with or without landlord 's permission to follow to make subletting your apartment for months...   Whatever the reason is you want to sublease their apartment tenant signed a lease that bans subletting the. When subleasing, then your tenant, the main lease agreement the sublessee rectify. Within your legal rights to tenant leaser Ask around your circle of friends and co-workers first landlord permit... … even if you have a separate agreement subletting are: subletting PROHIBITED, subletting is legal in rental. “ if you 're even considering subleasing, check to see whether or your... 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