NY · SUBLEASE-AGMT · Updated July 2026 · Free
New York Sublease Agreement PDF
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New York at a glance: Landlord Consent: Cannot be unreasonably withheld (RPL § 226-b) · Deposit Limit: 1 month's rent (residential) · Deposit Return: 14 days after subtenant vacates
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Overview
Sublease Agreements in New York
New York subleases are governed by the Real Property Law. Under N.Y. RPL § 226-b, tenants in buildings with four or more units have a statutory right to sublease, and the landlord cannot unreasonably withhold consent. If the landlord unreasonably refuses, the tenant has the right to be released from the lease.
Subleasing without consent in New York is a lease violation, but the tenant can cure it by obtaining retroactive consent or terminating the sublease.
Key Facts
New York Sublease Agreement — Quick Reference
| Requirement | New York Rule |
|---|---|
| Landlord Consent | Cannot be unreasonably withheld (RPL § 226-b) |
| Deposit Limit | 1 month's rent (residential) |
| Deposit Return | 14 days after subtenant vacates |
| Governing Law | N.Y. Real Prop. Law § 226-b |
Legal Requirements
New York Legal Requirements
- Tenant must send a written request for sublease consent to the landlord via certified mail.
- Landlord must respond within 30 days of the request or it is deemed consented to.
- Security deposit is capped at one month's rent and must be returned within 14 days.
Governing Laws
New York Governing Laws
N.Y. Real Prop. Law § 226-b
Right to Sublease
Grants residential tenants in buildings with 4+ units the right to sublease, subject to reasonable landlord consent.
N.Y. Gen. Oblig. Law § 7-108
Security Deposits
Limits residential deposits to one month's rent and mandates a 14-day return timeline with itemized receipt.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Sublease Agreement — Frequently Asked Questions
Can a New York landlord say no to a sublease request?
Only if they have a reasonable objection (such as the subtenant's financial instability). If they withhold consent unreasonably, the tenant has the right to terminate the lease with 30 days' notice.
What is the security deposit cap for subletting in New York?
Under the Housing Stability and Tenant Protection Act (HSTPA) of 2019, security deposits for residential rentals in NY are strictly limited to one month's rent, and must be refunded within 14 days of move-out.