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Can I sublet stabilized apartment with tenant who has a guarantor
Anonymous14 views4 answers
I am a rent stabilized tenant and I would like to sublet my apartment. I am not on good terms with my landlord and do not expect him to be accommodating. The subtenant I would prefer to propose has a guarantor. If I go to the landlord requesting him to approve a sub-letter with a guarantor can he reasonably deny it because of this? Would it not be better for me to find someone who does not need a guarantor?
Jennifer Addonizio RozenLandlord / Tenant LawyerNew York, NY ·
Good afternoon. Under New York State law and RPL 226-b, a landlord cannot unreasonably refuse a request to sublet your apartment. Since you are a rent stabilized tenant, you can sublet for up to two years in any four-year period.
Getting your landlord to consent to your sublet request can be a very difficult task. You absolutely must be careful to complete a sublet request form and a proposed sublease. Your subtenant should be able to either pay the rent or have a guarantor. Depending on how valuable your apartment is (and how badly the landlord might want to recover it), the landlord may withhold consent if your proposed subtenant cannot pay rent on his/her own. It's hard to predict. The best route is usually to consult with an attorney and possibly hire the attorney to help you prepare the documents and the request so that it complies with the law and possibly even send the request on your behalf.
Good luck!
I agree with my colleagues. I will add that any subletting rights may be carved out in your Lease (if you have one). If the Landlord unreasonably withholds consent, contact an attorney to assist you with the process.