NYC Sublet, Assignment and Occupancy Issues

At SKH HEIBERGER LLP, we have a dedicated team of experienced attorneys to provide legal advice and representation for Sublet, Assignment, & Occupancy Issues of real estate properties located in Manhattan, Brooklyn, Bronx, and Queens.Subletting an apartment by the prime tenant, or assigning tenancy to another, is a complicated process. Regulations and rules for rent controlled and rent stabilized apartments in New York are complex. There are various regulations controlling the sublease or assignment of a rental apartment including landlord’s consent, duration and contents of the written notice. Sperber Denenberg & Kahan, PC, are experienced in issues regarding Sublet, Assignment, and Occupancy of residential properties in Manhattan, Brooklyn, Bronx, and Queens.

Sublet, Assignment and Occupancy Issues in New York City

Sublet refers to the sub-leasing of an apartment by a prime tenant to another, with the prime tenant still being responsible for the tenancy, and with the consent of the landlord to do so. The prime tenant is required to inform and seek approval of the landlord through a written notice, at least 30 days prior to sublease. The notice must include:

  • The term of sublet (date of start and end),

  • Name of the subtenant,

  • Primary address of the subtenant,

  • Reason for subletting,

  • Address of Prime tenant during period of absence, and

  • Copy of tenant’s lease. 

Assignment refers to complete transfer of tenancy from one tenant to another. Sublet often occurs when the prime tenant is temporarily moving out of the apartment and plans to return after the duration mentioned in the notice. During this time of absence, the prime tenant is authorized to use the address of the rental apartment as the current address and is responsible for maintenance of said apartment. 

New York City Sublet, Assignment and Occupancy Issues Attorneys

SKH HEIBERGER LLP attorneys are experienced in assisting property owners and tenants regarding sublet, assignment, and occupancy issues in Manhattan, Bronx, Brooklyn, and Queens. Our team works with you to fulfill and meet all requirements stipulated by law and to provide valuable guidance. 

Additional Legal Services: NYC Landlord Tenant Law