We represent both landlords and tenants and go through all agreements with a fine-toothed comb.
You have done the impossible. You signed a lease for a great, reasonably priced, large apartment in New York. However, three months after you move in, your company wants to send you to London for six months. Can you sublet your apartment? You should check with an attorney – like those at Bailyn Law – to see if you can.
Subleases are governed by specific laws in New York and the lease itself. There are laws on how long a sublease can last, who may sublet their apartment, and the type of apartment that can be sublet. While many leases will state that the landlord does not allow subleasing, a landlord can only refuse a proper request to sublet for a legitimate reason. However, before you risk entering into a sublease without a landlord’s approval, you should find out what your risks are.
Subleases do not relieve you of the necessity of paying rent or abiding by all the other terms of the original lease. So even if your subtenant misbehaves, damages the apartment, or fails to pay rent, you are almost certainly on the hook for any costs associated. Additionally, you may have a problem with an approved subtenant if they do not comply with the terms of the sublease.
Call our offices if you are thinking of subleasing to make sure that you do not run afoul of the primary lease and landlord or to make sure the sublease protects your rights