New York Residential Sublease Agreement (2026)

Q: Who holds the subtenant's security deposit and when must it be returned in New York?

You do, as the subtenant's landlord. New York's deposit cap and return deadline apply to you — return it with an itemized statement within 14 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.

Q: How do I end a month-to-month sublease in New York?

The subtenant gives you at least 30 days' written notice; you give the subtenant the notice New York law requires of a landlord (30 days or more depending on length of tenancy). The sublease also ends automatically when your master lease ends.

Sublet your apartment or a room to a subtenant: master-lease incorporation, landlord consent with your state's rule, rent, deposit and disclosures that follow state law, plus a one-page consent form for the landlord.

Updated September 2026≈ 9 minReviewed against N.Y. Real Prop. Law § 226-b · N.Y. Gen. Oblig. Law § 7-108 · N.Y. Gen. Oblig. Law § 7-103

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What you'll get

Sample first page of the Residential Sublease Agreement. Your answers fill in the blanks; the clauses required in New York are added automatically.

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What this document covers

Sublandlord, subtenant, landlord and the master lease
Whole unit or a room, with shared areas
Term that ends before the master lease
Rent, due day and late fee within the state cap
Security deposit cap and return deadline
Utilities included, split, fixed or direct
Landlord consent and the state consent rule
Master-lease incorporation and subtenant duties
Federal lead-paint and state disclosures
Default, termination and no further subletting
One-page Landlord Consent to Sublease form

New York rules that this document follows

Consent to sublet	Landlord's consent required by statute; may not be unreasonably withheld in buildings of 4+ units; landlord must answer within 30 days or consent is deemed givenSource: N.Y. Real Prop. Law § 226-b (tenant may not sublet without the landlord's written consent; in buildings of 4+ units consent may not be unreasonably withheld, landlord must respond within 30 days of the tenant's request and silence is deemed consent; in smaller buildings consent may be withheld without cause but the tenant may then be released from the lease on 30 days' notice)
Security deposit limit	one month's rentSource: N.Y. Gen. Oblig. Law § 7-108(1-a)(a)
Deposit return deadline	14 days after move-outSource: N.Y. Gen. Oblig. Law § 7-108(1-a)(e)
Interest on deposit	Required (buildings with 6+ units)Source: N.Y. Gen. Oblig. Law § 7-103(2-a) (buildings with 6+ units; landlord may retain 1% admin fee)
Late fees	Lesser of $50 or 5% of the monthly rentSource: N.Y. Real Prop. Law § 238-a(2)
Notice to end month-to-month	Landlord 30/60/90 days by length of tenancy / Tenant 30 daysSource: N.Y. Real Prop. Law § 226-c (landlord: 30 days if tenancy < 1 yr, 60 days if 1–2 yrs, 90 days if 2+ yrs); § 232-b (tenant, outside NYC)
Required disclosures	Lead-Based Paint Disclosure (pre-1978 housing); Sprinkler System Disclosure; Flood History and Risk Disclosure; Good Cause Eviction Law Notice; NYC Bedbug Disclosure (DHCR form); NYC Window Guard Notice; NYC Indoor Allergen Hazards Notice; NYC Smoke/CO Detector and Stove Knob Notices; NYC Smoking Policy Disclosure; Rent Stabilization Lease RiderSource: New York Real Property Law Article 7 (§§ 220–238); General Obligations Law §§ 7-103 to 7-109; Housing Stability and Tenant Protection Act of 2019
Rent control / local rules	Rent-stabilized apartments: the tenant must keep the unit as a primary residence, may sublet for no more than 2 years in any 4-year period, and may charge the subtenant no more than the legal rent plus a 10% furniture allowance (9 NYCRR § 2525.6).Source: N.Y. Real Prop. Law § 226-b

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Residential Sublease Agreement in New York

Start with your own lease: find the subletting clause and get the landlord's written consent on the attached form before anyone moves in. Name the master lease and its end date so the sublease can never outlast it, describe exactly what is sublet (whole unit or a room plus shared areas), and set rent and deposit within New York's caps — the deposit rules bind you as the subtenant's landlord.

Answer the disclosure questions from your own lease packet (lead paint, flood, bed bugs and the like) and give the subtenant a copy of the master lease, every attachment and a deposit receipt. Remember that you stay liable to the landlord for everything the subtenant does.

Frequently asked questions

Can I sublet my apartment in New York without my landlord's permission?

Landlord's consent required by statute; may not be unreasonably withheld in buildings of 4+ units; landlord must answer within 30 days or consent is deemed given (N.Y. Real Prop. Law § 226-b). Whatever the statute says, read your lease first: almost every residential lease requires the landlord's written consent, and subletting in breach of the lease is grounds for eviction of both you and the subtenant. This agreement records the consent and attaches a one-page form for the landlord to sign.

Who holds the subtenant's security deposit and when must it be returned in New York?

You do, as the subtenant's landlord. New York's deposit cap and return deadline apply to you — return it with an itemized statement within 14 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.

How do I end a month-to-month sublease in New York?

The subtenant gives you at least 30 days' written notice; you give the subtenant the notice New York law requires of a landlord (30 days or more depending on length of tenancy). The sublease also ends automatically when your master lease ends.

Other names

sublet agreement
sublet contract
sublease contract
apartment sublease
room sublease
sublet lease
sublessor sublessee agreement
tenant to tenant lease

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.