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Content verified against primary state statutes before publication Last updated: October 2026

Quick Summary - What You Need to Know

  • In a building with four or more units, your landlord cannot unreasonably withhold sublet consent (§ 226-b).
  • Your landlord has 10 days to ask for more information, then 30 days to consent or state reasons.
  • Silence for 30 days is deemed consent. If a court finds a bad-faith denial, you recover costs and attorney's fees.
  • Rent-stabilized tenants may sublet at most two years in any four-year period, keeping the unit as a primary residence.
  • Stabilized tenants may add only a 10% surcharge for a furnished sublet. Overcharged subtenants can sue for damages.

Understanding the Subletting Clause

30 days
Landlord's deadline to answer a written sublet request in
In a New York City building with four or more residential units, N.Y. Real Prop. Law § 226-b lets you ask to sublet by certified mail, return receipt requested. Your landlord has 30 days to consent or give reasons for refusing, and cannot unreasonably withhold consent. If no answer is sent within 30 days, the sublet is deemed consented to.

This page is for New York City renters who want to sublet, or who are about to sign a lease with a subletting clause. A clause may read as if the landlord's answer is final.

In a building with four or more units, state law gives you a request process with a deadline, and it works best when you follow each step and keep proof of the date. Rent-stabilized tenants also have limits on how long they can sublet and what they can charge.

What renters assume

A clause that says "no subletting without landlord consent" lets the landlord ignore a request or refuse it for any reason.

What is actually true

In a building with four or more units, § 226-b bars unreasonably withholding consent, and no written answer within 30 days of a certified-mail request is deemed consent.

New York is the only city on this chart with a real clock. Texas bars subletting without prior consent and sets no deadline at all, and Chicago makes landlords accept a reasonable sublease but never says by when - here, 30 days of silence is a yes.

Clause decoder

Sublet Clause Example - What the Wording Looks Like in New York City, NY

The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.

Real clause - quoted in a published court opinion

Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.

18. (A) Assignment, subletting.—Except as provided by § 226-b of the Real Property Law of New York, the Tenant shall not assign the lease, nor sublet the Apartment, or permit the Apartment or any part thereof to be used by any one other than Tenant or members of the immediate family of Tenant, without the prior written consent of Owner in each case, if the Lease is assigned, or if the Apartment is sublet or occupied by anybody other than Tenant or Tenant’s immediate family.

Quoted from the published opinion in Conrad v. Third Sutton Realty Co., 81 A.D.2d 50 (1st Dep't 1981). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.

What the 4 highlighted phrases mean
1

“Except as provided by § 226-b”

Your lease opens by surrendering. That carve-out is the landlord's own acknowledgement that the paragraph underneath it is not the last word - the statute is. The right belongs to a tenant in a dwelling with four or more residential units, and it survives whatever the rest of paragraph 18 goes on to say. Conrad is what happens when a landlord forgets that: the clause was intact and fully enforceable on its face, and the tenant still got a court declaration that she could sublet - and with it the right to compel acceptance of the bona fide subtenant she had proposed.

See the example
The right is conditional on how you ask. The request goes by certified mail, return receipt requested, and must carry the term of the sublease, the subtenant's name and address, your reason for subletting, and your own address during the sublet. A request missing one of those may not be the request the statute protects, which is why the checklist, and not the phone call, is what starts the clock.
Tenant-favourable“Tenant may sublet as permitted by law, and Owner shall answer any request in writing within 30 days”
What this lease said“Except as provided by § 226-b”
Landlord-favourable“Tenant waives any statutory right to sublet; subletting is prohibited in all circumstances”
2

“nor sublet the Apartment”

Four words that a clock can overrule. The landlord gets 10 days to demand reasonable additional information about the person you propose, and then 30 days from your request - or from that extra information, whichever falls later - to consent or to state reasons for refusing. Failing to send that notice within 30 days is deemed consent. Conrad reached the same destination by the other road: the landlord there did answer, but gave no reason for the refusal, and a refusal with no reasons was treated as a yes.

See the example
Count from the right date. If the landlord demands additional information inside the 10-day window, the 30 days runs from the day you supply it, so a slow answer of your own moves the deadline you are relying on. Diary both dates when you post the certified letter, and send the extra information the same way.
Tenant-favourable“Owner shall not unreasonably withhold consent to a sublease and shall respond in writing within 30 days”
What this lease said“nor sublet the Apartment”
Landlord-favourable“No sublease is effective unless Owner countersigns; Owner's failure to reply is a refusal”
3

“without the prior written consent of Owner”

Written consent is still what you want in hand - but in New York it is not the only way to get it. A refusal that gives no reasons is not a refusal that counts, and a refusal that gives bad ones is a refusal you can test, because consent cannot be unreasonably withheld. That is the whole distance between this state and Massachusetts, where the Supreme Judicial Court read almost identical words and held they let a landlord say no for no reason at all.

See the example
There is money attached to a bad refusal. Where a court finds the denial was in bad faith, a tenant can recover costs and attorney's fees. Keep the certified-mail receipt, the returned green card and the landlord's reply, because the case turns entirely on what was sent, what came back, and when.
Tenant-favourable“Owner shall state in writing the specific reasons for any refusal within 30 days of the request”
What this lease said“without the prior written consent of Owner”
Landlord-favourable“Owner may withhold consent in Owner's sole and absolute discretion, without stating reasons”
4

“or if the Apartment is sublet or occupied by anybody”

This is where the city's own limits land. A rent-stabilized tenant may sublet for no more than two years in any four-year period and must keep the apartment as a primary residence - the sublet is a gap in your occupancy, not a handover. For a furnished sublet the surcharge is capped at 10%, and a subtenant charged beyond the stabilized rent can sue for damages, including treble damages in profiteering cases.

See the example
Both limits are cumulative, which is what catches people out. The two years runs across any four-year period, so two short sublets a year apart add up, and primary residence has to stay true throughout - it is a condition of the whole arrangement, not a box ticked at the start.
Tenant-favourable“Tenant may sublet up to the maximum period allowed by law; no surcharge beyond the lawful amount”
What this lease said“or if the Apartment is sublet or occupied by anybody”
Landlord-favourable“Occupancy by any person not named herein is a substantial breach and terminates the tenancy”
What the court did with it

A landlord who gives no reason is treated as having said yes. The tenant proposed a documented sublessee; the managing agent's reply gave no reason at all - only that permission would not be granted, with an offer to let her terminate the lease instead. The Appellate Division held that a landlord who rejects a residential sublease without stating any valid reason is deemed to have consented under Real Property Law § 226-b, and that the tenant may compel acceptance of a bona fide sublessee. The court rejected the argument that release from the lease was the tenant's only remedy: in a housing shortage, that reading would leave a tenant with a meaningless right to surrender. Read the panel accurately - a divided panel affirmed, three judges adopting the rationale below, while two concurred separately on a narrower reading of § 226-b (2) and expressly declined to say what happens when a landlord does state reasons that turn out to be unreasonable. One of them noted that this lease carried no provision that consent would not unreasonably be withheld, which is why the statute had to do all the work. Read it with its date, too: this construes § 226-b before its substantial 1983 amendment. The deemed-consent result still tracks current § 226-b (2) (c), but today's statute also expressly lets a tenant sublet where consent is unreasonably withheld - the very question the concurrence reserved. The unit was a Manhattan apartment; the words rent control and stabilization appear nowhere in the opinion. Printed above is the first sentence of paragraph 18(A); the paragraph runs on for another 107 words of non-waiver boilerplate that is not reproduced here.

How this state's law treats this clause
New York is the one place on this site where the calendar can decide your sublet. In a building with four or more residential units, a landlord who does not answer a properly mailed request within 30 days is treated as having consented, and consent cannot be unreasonably withheld: N.Y. Real Prop. Law § 226-b

One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.

New York Law on Subletting Clause

The law in New York
  • The right applies only to a tenant in a dwelling with four or more residential units.
  • The tenant must mail the sublet request by certified mail, return receipt requested, with the sublease term, the subtenant's name and address, the reason, and the tenant's address during the sublet.
  • The landlord has 10 days to demand reasonable additional information, then 30 days from the request or from that information (whichever is later) to consent or state reasons for refusal.
  • Failure to send the notice within 30 days is deemed consent, and a tenant can recover costs and attorney's fees where a court finds the denial was in bad faith.

Sources include N.Y. Real Prop. Law § 226-b - statutes change; verify the current text for your situation.

Count it for your dates

30 days: when does it end?

Day 30 falls on

What it means: Your landlord must send written consent or reasons for refusing by this date, and if no notice is sent, the sublet is deemed consented to. If your landlord asked within 10 days of your request for reasonable additional information, enter the date you sent that information, since the 30 days run from whichever is later. Applies to a tenant in a dwelling with four or more residential units (N.Y. Real Prop. Law § 226-b). Calendar arithmetic only; check how the section counts days before you rely on a date.

Copy and send: Before anyone moves in, sent by certified mail, return receipt requested

Sublet request

Fill in the brackets and keep a copy of what you send.

N.Y. Real Prop. Law § 226-b applies only to a tenant in a dwelling with four or more residential units. It sets these steps:

  • The request. Mail it by certified mail, return receipt requested. Include the sublease term, the subtenant's name and address, your reason for subletting, and your address during the sublet.
  • More information. Your landlord has 10 days to ask for reasonable additional information.
  • The answer. Your landlord then has 30 days from your request or from that information, whichever is later, to consent or state reasons for refusing. Consent cannot be unreasonably withheld.
  • Silence. If no notice is sent within those 30 days, the sublet is deemed consented to.
  • Bad faith. If a court finds a denial was made in bad faith, you can recover your costs and attorney's fees.

In a building with fewer than four units, § 226-b does not apply, which leaves your lease's subletting clause as the document that answers it.

What's Specific to New York City

How New York compares

Landlord's deadline to answer a written sublet request, state by state

Landlord's deadline to answer a written sublet request by stateEach square is a state; New York is outlined.Alabama: guide coming soonALAlaska: guide coming soonAKArizonaAZNo figureArkansas: guide coming soonARCaliforniaCANo figureColoradoCONo figureConnecticut: guide coming soonCTDelaware: guide coming soonDEDistrict of ColumbiaDCNo figureFloridaFLNo figureGeorgiaGANo figureHawaii: guide coming soonHIIdaho: guide coming soonIDIllinoisILNo figureIndianaINNo figureIowa: guide coming soonIAKansas: guide coming soonKSKentuckyKYNo figureLouisiana: guide coming soonLAMaine: guide coming soonMEMarylandMDNo figureMassachusettsMANo figureMichiganMINo figureMinnesotaMNNo figureMississippi: guide coming soonMSMissouriMONo figureMontana: guide coming soonMTNebraska: guide coming soonNENevadaNVNo figureNew Hampshire: guide coming soonNHNew JerseyNJNo figureNew Mexico: guide coming soonNMNew YorkNY30 daysNorth CarolinaNCNo figureNorth Dakota: guide coming soonNDOhioOHNo figureOklahoma: guide coming soonOKOregonORNo figurePennsylvaniaPANo figureRhode Island: guide coming soonRISouth Carolina: guide coming soonSCSouth Dakota: guide coming soonSDTennesseeTNNo figureTexasTXNo figureUtah: guide coming soonUTVermont: guide coming soonVTVirginia: guide coming soonVAWashingtonWANo figureWest Virginia: guide coming soonWVWisconsinWINo figureWyoming: guide coming soonWY

30 daysNo figureGuide coming soonYou are here

See all 25 cities as a chart

Landlord's deadline to answer a written sublet request

Same clause, 25 cities, different rules. Tap any city for its own guide.

New York City, New York
30 days
Austin, Texas
No statute
Miami, Florida
No statute
Portland, Oregon
No deadline
Washington, District of Columbia
No deadline, lease may bar it
Columbus, Ohio
No statute; lease controls
Newark, New Jersey
No deadline; city bars short-term sublets
Detroit, Michigan
No deadline; lease controls
Baltimore, Maryland
No set deadline
Minneapolis, Minnesota
No set deadline
Milwaukee, Wisconsin
No deadline; lease may restrict
Kansas City, Missouri
No deadline; written assent required
Indianapolis, Indiana
No set deadline
Louisville, Kentucky
No set deadline

Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.

New York City adds limits for rent-stabilized apartments. A stabilized tenant may sublet for no more than two years in any four-year period and must keep the unit as a primary residence.

The tenant may charge only a 10% surcharge when the sublet is furnished. A subtenant overcharged beyond the stabilized rent can sue for damages, including treble damages in profiteering cases.

To check whether your unit is stabilized, order your rent history from HCR.

Does it say consent will not be unreasonably withheld?

In a building with four or more units, § 226-b already sets that standard, so this wording matches it.

Does it say where to send a sublet request?

Useful. Send it by certified mail, return receipt requested, so you can prove when the 30-day count started.

Does it ban subletting outright?

In a four-or-more-unit building, your right to request a sublet and get an answer comes from § 226-b, not the lease.

Is there a sublet fee with no amount?

Ask for the amount and what it covers in writing before you sign.

Sources

The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.

Red Flags to Watch Out For

  • Consent at the landlord's sole discretion

    In a four-or-more-unit building, § 226-b says consent cannot be unreasonably withheld. Sole-discretion wording tries to write that standard out of your lease.

  • A phone or text request process

    A call or text leaves no proof of the date. Certified mail, return receipt requested, is what dates the 30-day deadline.

  • Automatic termination if you sublet

    Wording that ends your tenancy once a subtenant moves in. In a four-or-more-unit building, you have the § 226-b request process first.

  • Moving someone in before an answer

    Wait for written consent, or for the 30 days to pass with no notice, before anyone moves in.

  • Charging your subtenant market rent

    In a rent-stabilized unit, the only increase allowed is the 10% furnished surcharge. An overcharged subtenant can sue you for damages.

Your Rights as a New York City Tenant

  • A written answer in 30 days

    Your landlord must consent or state reasons for refusing within 30 days of your request, or of any extra information asked for, whichever is later.

  • Silence counts as consent

    No notice sent within 30 days is deemed consent under § 226-b. Keep the certified-mail receipt that proves your mailing date.

  • No unreasonable refusal

    In a dwelling with four or more residential units, your landlord cannot unreasonably withhold consent.

  • Fees back for a bad-faith denial

    If a court finds the denial was made in bad faith, you can recover your costs and attorney's fees.

What To Do - Step by Step

1

Count the units in your building

§ 226-b covers dwellings with four or more residential units. Below that, your lease's subletting clause is the document that answers it.

2

Check if you are rent-stabilized

Order your rent history from HCR. Stabilized tenants also face the two-years-in-four and primary-residence limits.

3

Write the request in full

Include the sublease term, the subtenant's name and address, your reason and your address during the sublet. Missing pieces may stall the 30-day count.

4

Send it certified, return receipt requested

Keep the receipt. It proves the date your request went out.

5

Answer any request for more information

Your landlord has 10 days to ask. Reply quickly, since the 30 days then run from that information.

6

Mark day 30 on your calendar

No written consent or refusal by then means the sublet is deemed consented to. Keep every mailing receipt.

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Frequently Asked Questions

how long does my landlord have to approve a sublet in nyc
In a building with four or more units, 30 days from your certified-mail sublet request, or from any extra information asked for within 10 days, whichever is later (N.Y. Real Prop. Law § 226-b). Your lease's subletting clause may say where to send it.
can my landlord say no to a sublet for any reason in new york
Not in a building with four or more units. § 226-b bars unreasonably withholding consent, and a refusal must state its reasons. In a smaller building, your lease's subletting clause is the document that answers it.
how much can i charge my subtenant in a rent stabilized apartment nyc
No more than your stabilized rent, plus a 10% surcharge if the sublet is furnished. A subtenant overcharged beyond the stabilized rent can sue for damages, including treble damages in profiteering cases.
what happens if my landlord ignores my sublet request in new york
In a building with four or more units, if no written consent or refusal is sent within 30 days, the sublet is deemed consented to under § 226-b. Keep the certified-mail receipt for your sublet request as proof of the date.

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Legal Disclaimer: This guide is for general educational purposes only and does not constitute legal advice. Information reflects general New York and New York City law as of October 2026 but may not reflect recent changes. Consult a licensed attorney in New York for advice about your specific situation.