Most NYC tenants assume their landlord can just say no. They can't — not in most buildings, and not without a reason. Under New York Real Property Law §226-b, if you live in a building with four or more residential units, you have a statutory right to sublet, and your landlord cannot unreasonably refuse. If they ignore you for 30 days, the law treats their silence as consent.
That's the law. The trick is knowing how to use it without burning the relationship — because the easiest sublet to approve is one your landlord is already comfortable with before the certified letter shows up.
Here's how to ask your NYC landlord for permission to sublet, what to put in the letter, a sample template, and what to do if they push back.
Know your right before you ask
The right to sublet in New York comes from RPL §226-b. The short version:
- You have the right to sublet if your building has four or more residential units.
- You must send the landlord a written request, and they must respond within 30 days.
- They cannot "unreasonably" refuse — and the burden of explaining why is on them.
- If they don't respond, that silence is treated as approval.
- If they refuse for a reason a judge later finds unreasonable, you can sublet anyway and recover your legal fees.
There are exceptions. Public housing (NYCHA), most subsidized buildings, co-ops, and a handful of regulated programs operate under different rules. If you're in any of those, check the section near the bottom of this guide before you send a letter — the strategy changes.
Step 1 — Have the conversation before you send the letter
Certified mail is the legal tool. It is not the first move. A landlord who finds out you want to sublet via a formal notice — without warning — assumes the worst and digs in. A landlord who hears it from you, on the phone or in a polite email, with a real reason and a credible subtenant lined up, usually doesn't.
Send a short email or text first. Something like:
Hi [Landlord] — I wanted to give you a heads up that I'll need to sublet my apartment from [start date] to [end date] because of [job/internship/family reason]. I have someone in mind who I think you'll like — they're [a few details]. I'll send a formal request by certified mail this week per the lease and §226-b, but wanted to talk it through first. Any concerns I should address up front?
This costs you nothing and tells you three things: whether they're going to be reasonable, what their objections will be, and whether they need anything specific in the formal request. Save their reply.
Step 2 — Write the formal sublet request letter
The law requires the letter to be specific. Vague letters give landlords a real reason to say no. Yours must include all of the following:
- The sublease term — exact start and end dates.
- The proposed subtenant's full legal name.
- The subtenant's business address (employer or school).
- The subtenant's permanent home address (their address before moving in).
- Your reason for subletting — and language showing you intend to return.
- Your address during the sublease — where the landlord can reach you.
- Written consent from any co-tenants or guarantors on your lease.
- A copy of the proposed sublease, with a copy of your current lease attached.
That list is straight out of §226-b(2)(b). Missing any of it gives the landlord a clean reason to ask for more information — which restarts part of the clock.
Step 3 — Use a template (and adapt it)
Most guides describe the letter without giving you one. Here's a template you can adapt. Replace the bracketed fields with your details, print it, sign it, and send it.
[Your name]
[Your apartment address, unit number]
[Date][Landlord / Property Manager name]
[Landlord address as listed on your lease]Re: Request for Consent to Sublet — [Your apartment address] — pursuant to RPL §226-b
Dear [Landlord name],
I am writing to request your consent to sublet my apartment at [your address, unit number] pursuant to New York Real Property Law §226-b. The following information is provided as required by the statute.
Term of the sublease: [Start date] through [End date].
Reason for subletting: [e.g., "I have accepted a six-month assignment in Chicago and intend to return to the apartment at the end of the sublease term."] I intend to return to the unit as my primary residence at the conclusion of the sublease.
Proposed subtenant:
- Full legal name: [Subtenant name]
- Permanent home address: [Subtenant's address before the move-in]
- Business address: [Subtenant's employer or school address]
My address during the sublease term: [Where you can be reached — phone, email, and a physical address].
Co-tenant / guarantor consent: [Attach a signed statement from any co-tenant or guarantor, or write "Not applicable — sole tenant, no guarantor."]
Enclosures: A copy of the proposed sublease between me and [subtenant name], and a copy of my current lease for reference.
I am happy to provide any additional information you reasonably require. Pursuant to §226-b, I would appreciate your written response within 30 days of the date of this letter. Thank you for your time.
Sincerely,
[Your signature]
[Your printed name]
Keep a copy for yourself. Keep the certified mail receipt. Keep the return-receipt card or the electronic delivery record. If this ever goes to housing court, those three pieces of paper are most of your case.
Step 4 — Send it certified mail, return receipt requested
This is non-negotiable. The statute specifies certified mail because it creates a date-stamped record of when the landlord received the request. That date starts the clock.
Walk into any post office and ask for Certified Mail with Return Receipt. It costs about $8 — $4.85 for certified mail plus $4.40 for a paper return receipt, or $2.82 for an electronic one. The clerk will give you a green slip stub; keep it. A few days later you'll get a card (or an email) signed by whoever accepted the letter. That's the moment your clock starts.
Email and text don't satisfy the statute. Send the email too, sure — it speeds things up — but the certified copy is what protects you.
Step 5 — Watch the 30-day clock
Once the landlord receives the request, here's the timeline:
- Within 10 days: the landlord may ask you for additional information, as long as the request isn't unduly burdensome. You provide it.
- Within 30 days of the original request (or of providing additional info if asked): the landlord must give you a written consent or a written reason for refusal.
- If they don't respond by day 30: the statute treats that silence as consent. You can sublet.
Mark the deadline on your calendar. The day after it passes without a written refusal, the law is on your side.
What counts as a "reasonable" refusal — and what doesn't
A landlord can refuse for a reasonable reason. They can't refuse just because they feel like it. Courts have generally held the following as reasonable:
- The proposed subtenant has a bad credit history or unverifiable income.
- The subtenant has a documented history of lease violations or evictions.
- The sublease would put the unit over legal occupancy limits.
- The subtenant refuses to provide standard documentation.
The following have been held unreasonable:
- "I don't want to deal with the paperwork."
- "I'd rather raise the rent on a new tenant."
- "I just don't want to."
- A vague distrust of subletting in general.
- Refusing without explanation.
The Met Council on Housing's subletting guide and the NYC Bar's subleases and roommates page both lay this out in more detail. If the refusal you receive sounds like one of the bottom four, it's likely unreasonable.
What to do if your landlord says no
First, read the refusal carefully. If it doesn't give a specific, fact-based reason tied to the subtenant or the unit, it probably won't hold up. You have three options:
- Address the objection. If the issue is credit, send a stronger application with a co-signer or extra deposit. If it's the subtenant, propose a different one. A second, cleaner request often gets approved.
- Sublet anyway. Under §226-b, if the refusal is unreasonable, you may sublet in accordance with your original request. If the landlord then sues, you have a strong defense and may recover legal fees.
- Talk to a lawyer or tenant advocate. The NYC Bar Legal Referral Service and the NYC Rent Guidelines Board both publish guidance, and Met Council runs a free tenant hotline. Get someone in your corner before things escalate.
What to do if your landlord ignores you
If 30 days pass and you haven't received a written response, document the date carefully. Send a follow-up letter — also by certified mail — noting that the deadline has passed and that under §226-b you consider the request granted. Then proceed with the sublet.
Don't skip the follow-up letter. Most landlords who go silent aren't refusing; they're just slow. A polite reminder usually resolves it without anyone needing a lawyer.
How it works by building type
The strategy changes depending on what kind of building you live in. Here's the short version:
- Market-rate, 4+ units. Full §226-b rights. Use this guide as written.
- Rent-stabilized. Same §226-b rights, plus you can only charge the legal regulated rent (with a 10% furnished surcharge if applicable). Two-year cap on sublets within any four-year period. You must intend to return.
- Rent-controlled. Stricter — generally cannot sublet without specific landlord consent.
- Co-op / condo. §226-b applies to renters in coops/condos, but the board often has approval rights layered on top. Read the proprietary lease.
- HDFC / Mitchell-Lama / Section 8 / subsidized. Subletting is heavily restricted or prohibited. Confirm with the managing agent before you do anything.
- NYCHA. Subletting is not permitted and can be grounds for termination.
- Buildings with fewer than four units. §226-b doesn't apply. Your lease controls — read it.
If you're in any of the regulated programs, don't rely on this guide alone. Check with the NYC Rent Guidelines Board or a tenant lawyer before sending anything.
A checklist before you mail the letter
- Soft email or conversation with the landlord, ideally a week before
- All 8 required elements from §226-b in the letter
- Subtenant's full name, business address, and home address — accurate
- Signed sublease draft attached
- Copy of your current lease attached
- Co-tenant or guarantor consent attached if applicable
- Certified mail with return receipt — slip and card saved
- Calendar set for day 10 (additional info window) and day 30 (decision deadline)
Frequently asked questions
Can my NYC landlord refuse to let me sublet?
Only for a reasonable reason, and only if your building has fewer than four units or you're in a regulated program. In a market-rate or rent-stabilized building with 4+ units, your landlord must give a specific, fact-based reason — usually tied to the subtenant's credit, income, or rental history. A vague no doesn't hold up under RPL §226-b.
How long does my landlord have to respond to a sublet request?
Thirty days from the date the landlord receives your certified letter. They may request additional information within the first 10 days, which pauses the clock briefly. If 30 days pass with no written response, the law treats that silence as consent.
Do I have to send the sublet request by certified mail?
Yes — §226-b requires certified mail with return receipt requested. Email and text are fine to use in addition, but they don't start the legal clock. Without the certified mail record, you'll have a hard time proving when the landlord received the request.
What if I don't have a subtenant lined up yet?
You can ask the landlord for general permission to sublet, but the formal §226-b request requires the specific subtenant's name and details. Most landlords won't pre-approve a hypothetical. Find the subtenant first, then send the letter. Snag's NYC sublets marketplace is built for exactly this — match with a verified renter for the dates you need, then submit the request.
Can my landlord raise the rent because I'm subletting?
Not retroactively, no. In a rent-stabilized unit, the legal rent you can charge the subtenant is capped (with a 10% surcharge if you furnish it). In a market-rate unit, your existing lease governs your rent. The landlord can raise the rent at renewal, as always — subletting doesn't change that schedule.
What if I'm in a rent-stabilized apartment?
§226-b still applies, plus extra rules: you must intend to return, the unit must remain your primary residence, you can only sublet for two years out of any four-year window, and you can't charge more than the legal regulated rent (plus a 10% furnished surcharge if applicable). The NYC Rent Guidelines Board has the full breakdown.