Sublet question

[asthu2003]

Hello,
I live in a RS apt from 7 yrs and recently got laid off. My bf is asking me to move in with him and sublet this place as I need to find another job. I have read some guidelines for sublet as it says the subtenant may not be charged more than 10% if unit is furnished and I have to let the LL know 30 days in advance. A few questions I have -

1) Do i need to state the reason why i'm subletting? If I don't mention reasons will the sublet be rejected?
2) I still haven't identified a subtenant and will be posting on Craigslist and that may take time. So I won't be able to send LL name of subtenant unless someone comes in. Is that absolutely necessary?
3) I'm thinking of subletting for 6 months but could be longer depending on job market and personal situation. Is there a limit to the time I'm allowed to sublet? I don't wish to lose this RS place as I plan to be here longterm, just don't know if I'll be back in 6 months or 2 yrs. Depends on financial situation.
4) Also considering an alternative of having a roommate and shell out 1/3 for lease as it's furnished and they can pay 2/3 as I won't be occupying the place. I read horror stories about subtenant refusing to vacate and hence thinking if this would be better long term?

Any suggestions/advise would be appreciated. Thanks!

[TenantNet]

Let me make sure I have this correct, you and you BF live in separate apartments (you in RS, but that shouldn't matter). Your BF says "live with me" and sublet your unit. Right?

We have several articles on sublets on TenantNet. See http://tenant.net/phpBB3/viewtopic.php?f=15&t=4933

Also see https://hcr.ny.gov/system/files/documen ... 7-2022.pdf
and
https://www.mcadamslaw.net/landlord-ten ... ts-rights/
from tenant attorney (one of our advertisers).
and
https://rentguidelinesboard.cityofnewyo ... ubletting/

The right to sublet is in NYS Real Property Law 226-b
https://codes.findlaw.com/ny/real-prope ... 226-b.html

This is true for RS and all free market units.

There are many other articles ... just Google "NYS sublet"

I don't think you need to state the reason for subletting, but remember, it's for a limited time - 2 out of 4 years - and not intended to create a non-primary residence, i.e., you intend to return.

LLs can and will seek a lot of information from you. When I tried to sublet many years ago, they sent me 40 pages of questions. I ignored it, but it was only for a summer. The question is, are the questions reasonable?

We STRONGLY advise you stay away from Craigslist ... that's where you find crazies. That's for your protection, and the protection of potential subletters. There are better ways to find sublets. When I did it (pre-internet), I posted on a board maintained by my union and found someone right away.

I do think it's reasonable for the LL to know who will be moving in. If you don't really know the person, the LL could be liable for their actions.

Having a roommate is an alternate option, but also not without drawbacks. A roommate does not require LL approval. If the LL isn't too nosy, you can have the roommate and just spend nights with the BF (make sure you stay in your own apartment for 183 or more days per year, and document it).

[asthu2003]

Yes to clarify, we both live in separate places and mine is RS.

Thank you for sharing the links. I shall go over them.

As for 2/4 years that is not an issue as I or both plan to move back in, just a matter of time and finances.

If not craigslist, where else? You mentioned posting it on a board? ay I know which one as I am not aware of any options. And if I find someone to sublet I can definitely share that name with LL. However I will most likely need to request way in advance for any paperwork, correct? Or is it the other way around? Find someone first?

The problem with that is LL may take 30 days to approve, if at all am I right? In case they don't, then my option will be to find a roommate and live partially here and spend most time at BF's place.

[TenantNet]

It was a physical (bulletin) board pre-internet maintained by a union. You don't want someone off the street; you should look for someone you know, or who comes recommended. Sure, that narrows the possibilities, but the person would likely be trusted with your furniture and whatever you leave behind, and be responsible to pay you whatever it is you're charging. Remember, in doing this, you are acting in the capacity of a landlord.

Also, the LL may also object on varying grounds, like a person's income or resources. Technically, they are responsible to you and you, in turn, are responsible for the rent to the LL. Think it all through carefully.

[asthu2003]

So much easier in those days than an internet board I suppose

What you say makes a lot of sense. I shall probably go the reference route and see if it works out. That way even LL may be unable to object. Thank you v.much for the excellent suggestion/advise!

[TenantNet]

When I sublet years ago, it was for a summer job, so only 3 months, and close enough to the city that I could make it back for a court appearance if I needed. Like a good little tenant, I submitted the notice and the LL sent me 40 pages of questions, clearly meant to intimidate. I made the choice to go ahead with it and ignore the questions. Also, at the time, the super was not on top of things. Some tenants would have given the super a bribe to stay quiet, and sometimes that works (I didn't). Not necessarily recommending that, but it does happen.

In your case, you may be closer, so showing up once a week or so to create the impression you're still there is one option. Having a roommate you don't have to get the LL's permission, but he may demand to know who the person is. You supply the name, but AFAIK no other information is required, including the nature of the relationship. That's why it's often called the "live-in lover law." The nature of the relationship is not the LL's business.

I know of one tenant who lives uptown with her BF, but has maintained an apartment downtown for many years. I don't know how often she makes an appearance downtown, or if the super or LL knows. There's a long-term roommate - who I think was in place before the tenant moved uptown (and I don't know if the roommate is on the lease as a co-tenant or not). Of these various options, it depends on how nasty or litigious the LL may be, take all of that into account.

Another thing to consider (it could come from a litigious LL) is when the LL accuses a tenant that the apartment is a non-primary residence, i.e., that you live elsewhere on a permanent basis. You see this where a tenant actually lives in a big house in the burbs and keeps the RS as sort of a pied-a-terre. And to be honest, that can be an abuse of the RS system.

That differs from a sublet or roommate situation. And if a LL brings a case on that, well it can get very complicated. To keep a primary residence, you have to actually live there (i.e., sleep) at least 183 days a year. That differs from a sublet where both T and LL know you will be gone for a defined period, but have every intention of returning.

You would need to anticipate that being a problem in advance and document your time at the building. You can do that in various ways, i.e., use of utilities, receipts from shopping locally, talking to the super and neighbors and so on. Get and keep receipts.

[asthu2003]

All great points. Y will definitely be close by to come in once a week as my gym is close to the apt too. I did email the LL about process of subletting and got no response. I'm still looking for someone and assuming it'll take some time in these turbulent times.

I know the super well and maybe I can talk to him. Appreciate all the great suggestions!

[asthu2003]

I had asked the management company for the sublet process and here's what I got. Do I need to tell them the reason? It's a bit of a pain having to put this all in writing and 60 days is a lot to ask when I haven't even found anyone yet
To request a sublet, please mail a notice of such intent by certified mail, return receipt requested, no less than 30 days prior to the proposed subletting with 60 days suggested.
(a) term of sublease; (b) name, email and phone number of proposed subtenant; (c) business and home address of proposed subtenant; (d) tenant’s reason for subletting; (e) tenant’s address for term of sublease (f) written consent of any co-tenant or guarantor of the lease

[TenantNet]

Have you gone through this?
http://tenant.net/phpBB3/viewtopic.php?f=15&t=4933

In my mind it's not so much why you're going away, but that it's temporary and you have every intent to return.

The LL's questions are not all that improper (I've seen a lot worse and more invasive), but I would have a problem with reason for subletting. You could just say it's a "personal reason." I would also have an issue with giving them the address of where you're going. With both, perhaps you can finesse and craft your answers, know that an outright refusal might give the LL a reason to deny your request.

[asthu2003]

Hmm got it. I shall try a creative response. Thank you!
Another follow up question - I may have found someone but they are asking for their name to be on utility bills. Is that legal even though lease will be in my name? They need proof of residency which is understandable.

I will have to chnage it once I move back in.

[TenantNet]

Find out why they need proof of residency. I would be uncomfortable allowing them to put their name on anything like that. There are cases where subletters refuse to vacate at the end of a term and them claim they have rights to the unit. Somewhere on this forum there have been cases like that.

That's a red flag in my opinion.