New York Sublease Agreement Form

Updated: Nov 5, 2026

What Is a Sublease Agreement in NYC?

A sublease agreement is a contract in which the person who holds an apartment, the sublessor, rents it to a subtenant for part of the time left on that person's own lease. The sublessor keeps the original lease with the landlord or the co-op, and the subtenant deals with the sublessor.

This form is a sublease for a cooperative apartment. Its parts are numbered articles, and its first article names the Apartment Corporation whose Board of Directors approved the occupants. A sublet of a rental apartment uses the same core parts: the parties, the apartment, the term, the rent, the deposit and the signatures.

Sublease Terms on the Form

The sublease uses a small set of terms of art:

• Sublessor: the person who rents the apartment out; on this form, the Owner.
• Sublessee or subtenant: the person who moves in, called You on the form.
• Prime tenant: the original tenant of a rental apartment who sublets it.
• Permitted Occupants: the people the form allows to live in the apartment during the sublease.
• Premises: the apartment the sublease covers, named by number, floor, building and borough.
• Term: the time between the start date and the end date written on the form.
• Security deposit: money the subtenant pays up front to cover unpaid rent or damage to the apartment.

New York lease agreement forms cover a direct lease between a landlord and a tenant, when no sublet is involved.

New York Sublease Agreement Form Details

Landlord Consent to Sublet in NYC

A New York sublease starts with the consent of whoever controls the apartment: the landlord for a rental apartment, or the co-op board for a cooperative apartment. Ask for that consent in writing before anyone signs.

The NYC Rent Guidelines Board subletting FAQ covers consent to sublet a rent stabilized apartment.

What the Sublet Request Includes

The sublet request works as the tenant's application to the owner, and for a rent stabilized apartment the NYC Rent Guidelines Board lists what it contains:

• the term of the sublease
• the name of the proposed subtenant
• the subtenant's business address and permanent home address
• the reason for the sublet
• the tenant's own address during the sublease
• written consent from any co-tenant or guarantor on the lease
• a copy of the proposed sublease, with a copy of the lease if available, acknowledged by the prime tenant and the subtenant as a true copy

When the Landlord Does Not Answer or Says No

The NYC Rent Guidelines Board says the landlord has ten days to ask for more information, which the tenant provides unless the request is unduly burdensome.

If the landlord unreasonably withholds consent, the NYC Rent Guidelines Board says the tenant may proceed with the sublet. The NYC Rent Guidelines Board gives a poor credit history or unemployment as reasons a landlord could refuse, and race, ethnicity or religion as improper ones. The NYC Rent Guidelines Board warns that a sublet after a reasonable refusal can lead to eviction.

Co-op Board Approval

A cooperative apartment sublet goes through the co-op's Board of Directors, and this form names that Apartment Corporation in its first article. The form lists the Permitted Occupants the board approved, so the names on the form match the board's decision. Ask the board or the managing agent for its sublet application before the parties sign.

How to Fill Out the New York State Sublease Agreement

The New York sublease form is filled out one article at a time, from the date and the parties to the guaranty, in the order below.

The screenshots under each step show the FormsPal New York Sublease Agreement template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

1. Date, Owner and Sublessee
   Enter the date the sublease is made, then the name and address of the Owner, who is the Sublessor, and the name and address of the Sublessee, who is called You on the form. Write each party's full name.

   

   

2. Apartment and Use (Article 1)
   Enter the apartment number, the floor, the building address and the borough. List the Permitted Occupants, then enter the name of the Apartment Corporation whose Board of Directors approved them.

   

3. Length of Sublease (Article 2)
   Article 2 has two blanks, one for the date the term begins and one for the date it ends. Write both dates in full.

   

   

4. Rent (Article 3)
   Enter the monthly rent in dollars. The printed text under the field explains when and how the rent is paid.

   

   

5. Security Deposit (Article 5)
   Enter the deposit amount, the name of the bank and the place in New York where the Owner holds the deposit. Under N.Y. Gen. Oblig. Law § 7-103, a person who places the deposit in a banking organization notifies each person who paid it, in writing, of the bank's name and address and the amount.

   

   

6. Services and Facilities (Article 13)
   On page 2, find subparagraph B of Article 13 and list the utilities that the rent includes. Leave out any utility that the Sublessee pays separately.

   

7. Broker (Article 36)
   On page 6, keep subparagraph A and enter the broker's name if a broker was involved, or keep subparagraph B if no broker was. Delete the other one, as the heading on the form directs.

   

8. Signatures and Witness
   The Owner and each Sublessee sign on their own labeled lines, and the witness signs on the WITNESS line on page 6. Date each signature.

   

   

9. Guaranty
   If a guarantor signs, enter the date in the Guaranty block. The guarantor signs, a witness signs and the guarantor's address goes on the last line of the block.

   

How to Sign and Use the New York Sublease Agreement

A New York sublease also needs a few steps around the form: the move-in inspection, the disclosures, the consent and the copies. Work through them with the other party before anyone signs.

1. Inspect the Apartment and Attach the Lead Paint Disclosure
   Walk through the apartment together and note its condition on a move-in checklist. Under N.Y. Gen. Oblig. Law § 7-108, after the lease signing and before the tenant moves in, the landlord offers the tenant the chance to inspect the premises together. For target housing, which 42 U.S.C. § 4851b defines as housing built before 1978, 42 U.S.C. § 4852d has the lessor give the lessee a lead hazard information pamphlet and disclose any known lead-based paint or lead-based paint hazards. 42 U.S.C. § 4851b leaves out housing for the elderly or persons with disabilities and any 0-bedroom dwelling, unless a child under 6 lives or is expected to live there.

   

2. Establish Smoking Policy
   Agree on a smoking policy before you sign. If smoking will be limited to certain areas, write those areas down.
3. Get the Consent in Writing
   Send the sublet request to the landlord or the co-op board before anyone signs. Keep the written answer with your copy of the sublease.
4. Add Specific Terms and Conditions
   Write down any extra terms you agreed on in advance and keep them with the sublease. Under N.Y. Gen. Oblig. Law § 7-108, a term in which a tenant waives or modifies the deposit rights of that section is absolutely void.
5. Check the Sprinkler Notice
   N.Y. Real Prop. Law § 231-a says every residential lease gives conspicuous notice in bold face type of whether the leased premises have a maintained and operative sprinkler system. Check that the sublease carries that notice.
6. Keep Copies
   After everyone signs, give each person a signed copy and keep one for your own records.

Security Deposit Rules for a New York Sublease

A New York sublease's security deposit is capped at one month's rent by N.Y. Gen. Oblig. Law § 7-108, unless the unit is a seasonal use dwelling unit or an owner-occupied cooperative apartment, for which the section provides otherwise. This form is written for a cooperative apartment, so check whether the owner-occupied cooperative apartment exception fits the unit before entering the amount.

On this form, the Owner holds the deposit at the bank named in the deposit article.

Returning the Deposit

Under N.Y. Gen. Oblig. Law § 7-108, within fourteen days after the tenant has vacated, the landlord gives the tenant an itemized statement of any amount kept and returns the rest. Under N.Y. Gen. Oblig. Law § 7-108, a landlord who misses those fourteen days forfeits any right to keep any portion of the deposit.

N.Y. Gen. Oblig. Law § 7-108 makes a person who violates these deposit rules liable for actual damages, and one who willfully violates them liable for punitive damages of up to twice the amount of the deposit.

Move-Out Inspection

If the tenant requests one, N.Y. Gen. Oblig. Law § 7-108 sets the inspection no earlier than two weeks and no later than one week before the end of the tenancy. N.Y. Gen. Oblig. Law § 7-108 gives the tenant at least forty-eight hours written notice of the date and time of the inspection.

Ending a New York Sublease

A New York sublease runs until the end date in its term article, and an extension belongs in a signed written change to the sublease. Agree on the move-out date and the return of the keys before the term ends.

N.Y. Real Prop. Acts. Law § 768 makes it unlawful to evict or attempt to evict an occupant who has lawfully occupied a dwelling unit for thirty consecutive days or longer, or who has entered into a lease, except under a warrant of eviction, another order of a court or a governmental vacate order. Under N.Y. Real Prop. Acts. Law § 768, a person who intentionally violates that section is guilty of a class A misdemeanor and is subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation.

Frequently Asked Questions

What should I check before signing a sublease?

A sublease is ready to sign when both names match the IDs, the dates and the rent match what you agreed, and no blank was skipped by mistake. Also confirm that the landlord's or the board's consent is in writing. Then keep a signed copy.

Can a sublessor charge the subtenant more rent?

For a rent stabilized apartment, the NYC Rent Guidelines Board says the prime tenant may charge up to an additional 10% if the unit is fully furnished. The NYC Rent Guidelines Board says the prime tenant may not demand key money or overcharge the subtenant. The NYC Rent Guidelines Board says a subtenant who is deliberately overcharged can file Form RA-89 with HCR, and the prime tenant may be required to refund three times the overcharge.

Can a subtenant take over the lease?

Taking over the lease is an assignment, a different document from a sublease. For a rent stabilized apartment, the NYC Rent Guidelines Board says the owner must provide written consent before the primary tenant can assign the lease.

Can I sublet my rent stabilized apartment if I move out for good?

No, according to the NYC Rent Guidelines Board: the tenant keeps the apartment as a primary residence and may not sublet while having another primary residence. The NYC Rent Guidelines Board gives a temporary job assignment, military service or college as cases where the tenant may still count as a primary resident.

Can a sublease in NYC be month to month?

This sublease is written for a fixed term, with a start date and an end date in its term article. A month-to-month sublet changes that article, and both parties sign the change. Either way, N.Y. Real Prop. Acts. Law § 768 bars evicting an occupant who has lawfully occupied the unit for thirty consecutive days or longer, or who has entered into a lease, without a warrant of eviction, another court order or a governmental vacate order.

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