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What should a tenant know about subletting?

When a tenant has to temporarily vacate their apartment for any number of reasons, they may want to consider subletting the apartment. In a situation where a tenant is subleasing their apartment, they are known as the prime tenant and the person who sublets the apartment while the prime tenant is away is known as the subtenant. If you wish to sublet your apartment, there are a number of steps that must be taken.

It is important to know that if your apartment building has four or more units, you must obtain consent in advance from your landlord. As the tenant, you are still liable for all future rent from the landlord so it is important to make sure someone reliable is subletting your apartment. To begin the process, the tenant has to send the landlord a sublet request by mail with information such as the length of the sublease, information about the subtenant, the reason for which they are leaving the apartment, and a copy of the sublease. If the landlord requires additional information, they have ten days to request it. The landlord only has 30 days from the date in which the tenant mailed the request to decide whether they are consenting to the sublet. If the landlord fails to notify the tenant of their decision, there is an implied consent.

If you have questions about landlord-tenant rights, contact an experienced attorney today.

Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.  

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