Heading overseas for a brief period of time or just need a break from your roommate? You might be wondering ‘Can I sublet my room and make money subletting?’. It is a great idea to ensure your rent is paid and your room is still intact when you return. However, another important question to ask yourself is ‘Do I have the right to sublet my room?’
Remember that there are terms and conditions, and the rights to sublet involved in the process, before you make money subletting. It isn’t as simple as saying ‘I want to sublet my room’ to a friend who pays your rent for you.
In fact, in some states, you can go to prison if you’re found subletting your room without getting your landlord’s approval! Make sure you’re following the rules and know all about the right to sublet in NYC.
We’ve covered all your essential questions, such as ‘Can I sublet my room?’ ‘Can I make money subletting?’ and ‘What is the right to sublet?’ So read on!
Can I sublet my room in New York?
New Yorkers, if you’re thinking of subletting your room, you have more flexibility than lots of other renters across America! It’s the only other jurisdiction (alongside Chicago) where subletting your room is allowed. That too, even if your landlord denies or ignores your request! So go ahead and make money subletting!
What information do I need to put in my request?
The New York Real Property Law 226-b says that your ‘I want to sublet my room’ request should contain the following information.
- The reason for subletting your room
- The term of subletting your room
- The name of the person you’re subletting your room to
However, your landlord can withhold the request if they have a good reason. As a result, you won’t be permitted to sublet your room by law. In circumstances that the landlord unreasonably withholds consent, you can go ahead with subletting your room anyway.
Do I have to return to my apartment?
For subletting your room legally, you must plan on returning to the property once the term for subletting your room is up. If you think you’ll be gone for longer, speak to your landlord about breaking or re-assigning your lease to determine what the process should be.
How can I be sure whether I have the right to sublet my room?
If you fall under any of the following categories, you may not have the right to sublet your room. So make sure you get permission from the relevant body in writing before starting to make money subletting:
- Public housing residents or those that receive rent subsidies do not have the right to sublet.
- Tenants that live in non-profit buildings do not have the right to sublet.
- Tenants in co-op and condo apartments should consult their proprietary lease. And also check the building’s by-laws, as they may not have the right to sublet.
- Rent controlled tenants do not have the right to sublet by law and should check the clauses of their lease.
Can I make money by subletting my room?
We don’t mind shacking up in a stranger’s house while they take their annual summer vacation! And most of us are happy to let someone stay if it helps us take care of the rent.
So, can you make money subletting your room? Additionally, can you charge the temporary tenant a higher rate than you currently pay when subletting your room?
Can I charge the sublettee more than my rent?
Fortunately, yes!
The right to sublet allows adding an extra 10% of the monthly rent onto the price when subletting your room. But only as long as the place is furnished. Your landlord also has the right to “sublet allowance”. Which means they can add on their own 10% of the monthly rent.
So as per the right to sublet, you can rent out the room at 20% more than you pay. If you’re adding on more and the new tenant finds out, they can file a complaint and you’d have to pay a heavy fine. NYS Homes and Community Renewal (HCR) is the state agency that governs this, and contains up-to-date information regarding the latest updates to the right to sublet.
Can the sublettee take over my lease?
As we already mentioned, you must have plans to return to the property after the term of subletting your room is over. But what happens when everything is going swimmingly? And you don’t want to go back to the room, and the new tenant has settled in? Can they take over your lease as per the right to sublet?
Under state law’s right to sublet, you must obtain written consent from the owner before this can go ahead. The owner is under no obligation to give their consent, nor do they have to provide a reason for denying the lease takeover.
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