Planning on Subletting? Be Prepared.
I’ve been on a quest for a cheaper apartment before my lease expires. So far, not much luck on signing a new lease, but a great opportunity came my way for a long-term sublet.
I decided to go the honest route and do everything by the book and it has been more work and more stressful than I expected.
According to the Division of Housing and Community Renewal and the Tenant’s Rights Guide from the Office of New York State Attorney General, you are allowed to sublet a rent controlled and rent stabilized apartment for no more than 2 years in a 4 year period - as long as you stick to the rules.
A few things you may want to know before taking this route:
1. The current tenant has to submit a request for the sublease. That request includes info about the terms of the sublease, and the subtenant.
2. The landlord has 10 days to ask the tenant for additional information to help make a decision.
3. The landlord then has 30 days to send the tenant a notice of consent, or denial.
Seems easy enough… right? Wrong.
For this apartment after the tenant submitted the request for consent on the sublet, the landlord came back with the following requests:
1. Complete a Notice of Intent to Sublet
2. Submit a Statement of Net Worth for the Tenant and Subtenant (yes, for the current tenant - who’s been paying the rent for 20 years)
3. Submit an Income Statement for the Tenant and Subtenant
4. Submit 2 letters of reference for the Subtenant
5. Submit a proposed Sublet Agreement
6. Send a check for the landlord to run a credit check
And, if that weren’t enough, once they review all of my paperwork and run a credit check, they have to interview me!
I didn’t have to give HALF of this information when I moved into the apartment I’m currently in - and it costs me twice as much as the sublet will (if I get it). For the place I have now, I submitted an application, gave them $60 to run a credit check and they called me the next morning to tell me the apartment was mine.
My advice - plan more than a month in advance and make sure that your credit in order. If you can’t do that… I think you’re better off signing your own lease.
This building has co-op written all over it
Wow, this kind of info. couldn’t have been presented to me at a better time, since I might have to leave the City if the whole-job thing doesn’t work out, or at least find a cheaper place.
If I were to sublet, I’d be inclined to go the illegal route and just find someone I knew who needed a place. My neighbors are actually illegal subletters. But, as Dana mentioned above, my building isn’t co-op and the turnover rate is pretty high, so the management of the building tends to not make things like that (I ditched my roommate a year and half ago and removed her from the lease) too much of a hassle.
Moreover, Dana? I’m sooo jealous of you and your real estate ventures. You MUST teach me the ropes.
Such timely advice. I always end up craigslisting it, and unfortunately got screwed through an illegal sublet. I took over this guy’s sublet in Cobble Hill without investigating the owner-turns out it was not just an illegal sublet, it was an illegal house conversion, meaning I was evicted by the City once they found out about the lady.
Now I reside in the land of roomate hell. I’m planning on moving, somewhere, anywhere, other than where I currently am. Great advice that I must print out now!
GREAT post!
Tessa, craigslist is great - you might want to check this out to that combines craigslist and google maps. http://paulrademacher.com/housing/
Tessa–I would love to hear your illegal housing conversion story. My house has an illegal apt (already there when we bought it) and it has been total hell trying to get the city on our side and get our squatters out. Now I know most of the time the city protects poor, defenseless tenants from ruthless landlords, but considering that we pay for their heat, hot water, electric and gas while they live in our house for free like total vermin, I am having difficulty imaging the city actually kicking someone out of an illegal sublet with any speed or gusto. I need to hear this story
I’m actually living in an illegal sublet. Now, the legal tenant of the apartment has threatened to changed the locks on the door if I’m not out by a certain time. She’s giving me less than 30 days to move out. Can she legally change the locks if I’m not fully moved out of the apartment? I have no problem moving, but I certainly need more time than just 3 days.
Henry… I wish I had info to help you out. Sadly, since you are living in an illegal sublet, you don’t have much in the way of rights.
I suggest you sit down with this person and work on a time frame that will work best for the both of you. If that’s not possible, the only thing you CAN do is change the locks before she does. Although… you didn’t hear that from me.
Good luck!