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New Yorkยท Answer

Can a New York tenant sublet without permission?

Short answer

Generally no, unless the lease is silent on subletting. Most New York leases prohibit subletting without the landlord's written consent. If the lease is silent, New York default rules typically allow subletting unless the lease specifically prohibits it. A tenant who sublets in violation of the lease commits a material breach, which can support eviction. The landlord's consent must usually not be unreasonably withheld in many states. Both the original tenant and the subtenant may be liable for rent and damages.

Source: New York lease provisions


Honest limits

This is an informational answer based on New York lease provisions as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a New York-licensed attorney.

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