Request for landlord consent to sublet (NY)
Legal advice recommended before use.
If you live in a building with four or more residential units, New York Real Property Law § 226-b gives you the right to sublet with your landlord's consent — consent your landlord cannot unreasonably withhold. But you have to ask the right way first: by certified mail, with specific information the statute requires, and enough lead time for your landlord to respond. This letter is that request, sent before the sublease agreement itself, which assumes permission has already been granted.
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RPL § 226-b applies to buildings with 4 or more residential units where the lease began on or after June 25, 1983; it does not apply to owner-occupied buildings with fewer than 4 units, most co-ops, or to rent-stabilized units (which follow separate subletting rules under the Rent Stabilization Code). Always send this request by certified mail, return receipt requested, and keep a copy of everything, including proof of mailing. This is a template, not legal advice — confirm which rules apply to your specific building and lease before relying on deemed consent. This document was drafted without live legal-citation verification (research budget was exhausted) and has not yet been reviewed by an attorney — do not rely on it as final.
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Frequently asked questions
Do I need my landlord's permission to sublet in NYC?
If your building has 4 or more residential units, yes — under RPL § 226-b your landlord's consent is required, but they can't unreasonably withhold it if you follow the statute's request procedure. Smaller buildings and most co-ops aren't covered by this section, so check your lease directly.
What happens if my landlord doesn't respond to my request?
If your landlord doesn't respond in writing within 30 days of receiving your certified-mail request, RPL § 226-b(2)(c) treats that silence as consent — you can proceed with the sublease.
Can my landlord just say no?
Only for a reasonable reason (for example, concerns about the proposed subtenant's ability to pay, or overcrowding). An unreasonable refusal doesn't automatically let you sublet, but it does let you ask to be released from your lease entirely, and your landlord then has 30 days to agree or you may proceed to sublet.
Is this the same as the sublease agreement?
No. This letter only asks for permission. Once your landlord consents (or 30 days pass with no response), you and your subtenant sign a separate sublease agreement covering rent, term, and responsibilities.
Does this apply to rent-stabilized apartments?
Rent-stabilized units follow subletting rules under the Rent Stabilization Code (9 NYCRR § 2525.6) rather than RPL § 226-b, though the two overlap in many respects, including the certified-mail request and required information. If you're rent-stabilized, mention that in your request and consider confirming the specific process with your landlord or a tenant attorney.
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