New York Sublease Agreement Template

An agreement between a current tenant and a subtenant for all or part of a rental home, tied to the original lease, with a landlord consent section. This edition fills in the New York rules we could confirm and marks the rest as blanks to check.

New York rules for this form

Deposit limit. For most rentals, the deposit and any advance payment together may not exceed one month of rent. (General Obligations Law section 7-108)

Deadline to return the deposit. The landlord must return the deposit, minus lawful deductions, within 14 days after the tenant moves out. (General Obligations Law section 7-108)

Month-to-month notice. To end a month-to-month tenancy, a landlord gives 30, 60 or 90 days of written notice depending on how long the tenant has lived there. (Real Property Law (month-to-month tenancies, as amended in 2019))

Notice before entry. There is no statewide statute on entry notice, so the lease controls and landlords are generally expected to give reasonable advance notice except in emergencies. (New York Real Property Law (no statewide entry statute))

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. The lease must state in bold type whether the unit has a working sprinkler system. (Real Property Law section 231-a)

Required disclosures. The lease generally must disclose whether the property is in a flood zone and whether it has flood damage history. (New York Real Property Law (flood disclosure))

Cities and counties in New York can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. The master lease
3. Subleased space
4. Term
5. Rent
6. Utilities and shared costs
7. Security deposit
8. Condition and inspection
9. Rules
10. Repairs and access
11. Default
12. General terms
13. Signatures
14. Landlord consent

Before you use it

• In a sublease the original tenant stays responsible to the landlord, and the subtenant answers to the original tenant.
• Most leases require the landlord's written consent before a tenant sublets, and some states limit when a landlord may refuse.
• A sublease can never last longer than the original lease or give the subtenant more rights than the tenant has.
• Landlords should screen subtenants with the same criteria they use for any applicant.

For the full explanation of this form, read our guide to the sublease agreement.