A New York City sublet has to run 30 days or longer, your landlord has to agree in writing, and the type of building you live in decides how much say the landlord has. In a rental building with four or more apartments, Real Property Law 226-b gives you the right to ask, and the landlord cannot unreasonably say no. In a rent-stabilized apartment you can sublet for at most two years out of any four and cannot charge more than the legal rent, plus 10 percent if it is furnished. Co-ops and condos answer to their own boards. Anything under 30 days is a short-term rental, and in most buildings that is illegal unless you are living there too.

This is general information about New York housing law as of November 2026, not legal advice. Your lease, your building's bylaws, and your apartment's regulatory status can change the answer. A longer walkthrough of the statute is in subletting laws and regulations in New York.

What is the 30-day rule for sublets in New York City?

In almost every apartment building in the city, a stay shorter than 30 consecutive days counts as a short-term rental, and you cannot rent the whole apartment out that way. The rule comes from the Multiple Dwelling Law, which requires apartments in buildings with three or more units to be used for permanent residence, meaning 30 days or more. The one exception is a stay where the permanent occupant lives in the apartment with the guest.

Local Law 18, enforced since September 2023, added a registration layer on top. Under it:

• Anyone hosting a stay shorter than 30 days must register with the city's Office of Special Enforcement.
• The host has to be living in the apartment during the stay.
• No more than two guests can stay at once, and they need access to the whole apartment.
• Booking platforms cannot process payments for unregistered short-term listings.

In practice, a three-week sublet while you are away is not a sublet. It is an illegal short-term rental, and it exposes you to city fines and a lease violation. Set the term at 30 days or longer. Most New York sublets already do: the median sublet booked on Ohana in the city runs 69 nights.

Do I need my landlord's permission to sublet in New York City?

Yes. What changes from building to building is whether the landlord can say no for any reason.

• Four or more apartments. Real Property Law 226-b gives you the right to sublet with the landlord's written consent, and that consent cannot be unreasonably withheld.
• Fewer than four apartments. The statutory right does not attach. Your lease controls, and a landlord can refuse.
• Public housing and co-op proprietary leases. Excluded from 226-b by name. Follow the housing authority's or the co-op board's rules.

The request has to be in writing, sent by certified mail, return receipt requested, with the details the statute lists: the sublet term, the subtenant's name and addresses, your reason, your address during the sublet, any co-tenant or guarantor's consent, and a copy of the proposed sublease. The landlord has 10 days to ask for more information and 30 days to answer. Silence after 30 days counts as consent to the sublet you proposed. A letter you can adapt, and the timeline day by day, are in how to ask your NYC landlord for permission to sublet.

Plan backward from the move-in date. Mail the request at least 30 days before your subtenant needs keys, and do not hand them over until you have consent or the 30 days have run.

What counts as an unreasonable refusal to sublet in New York City?

A blanket "we do not allow sublets," a demand for more rent, or no reason at all. A landlord can reasonably refuse when the proposed subtenant cannot show they can pay, when the occupancy would break the lease, or, in a stabilized apartment, when you are not actually keeping it as your home. If the refusal is unreasonable, you may go ahead with the sublet you proposed. If a court finds the landlord acted in bad faith, you can recover legal fees.

You remain on the lease the whole time. If the subtenant stops paying or damages the apartment, the landlord comes to you. If what you really want is off the lease entirely, that is an assignment or a lease takeover, which has different rules. Read sublet vs. lease assignment vs. lease break before you decide.

What are the sublet rules for rent-stabilized apartments in New York City?

Stabilized tenants can sublet, but under tighter rules than anyone else in the city. They come from Rent Stabilization Code 2525.6, on top of 226-b:

• Primary residence. The apartment has to stay your primary residence, and you have to intend to move back when the sublet ends.
• Two years out of four. You cannot sublet for more than two years in total within the four-year period ending on the last day of the sublet.
• Rent cap. You cannot charge the subtenant more than the legal regulated rent. If the apartment is furnished, you can add up to 10 percent. A tenant who overcharges can owe the subtenant three times the overcharge, and the landlord can treat profiteering as grounds to end the tenancy.

That cap matters more than people expect. A stabilized one-bedroom with a legal rent of $2,000 can be sublet furnished for no more than $2,200 a month, even if comparable sublets on Ohana in the same neighborhood list for far more. Check your legal rent with New York State Homes and Community Renewal before you set a price.

Can I sublet a co-op or condo in New York City?

Usually, but the board writes the rules, and 226-b does not help you in a co-op. Expect some combination of the following, and read the bylaws or house rules before you list.

• Co-ops approve each subtenant. That often means a full application with financial documents and sometimes an interview. Many require the owner to live in the apartment for a year or two before subletting, cap the total years an owner can sublet, and charge a sublet fee. Some prohibit sublets outright.
• Condos are generally more flexible. The board typically has a right of first refusal that it waives, a minimum lease term, and an application and move-in fee. Approval is usually a formality, but it still takes time.

If you are renting from a co-op or condo owner, you may have both a landlord and a board to satisfy. Board approval does not replace the owner's written consent, and the owner's consent does not replace the board.

Is a roommate the same as a sublet in New York City?

No. If you keep living in the apartment and take in a roommate, that is usually not a sublet, and you do not need the landlord's consent. Real Property Law 235-f lets a tenant named on the lease share the apartment with immediate family plus one additional occupant and that person's dependent children, as long as the tenant or their spouse lives there as a primary residence. You have to tell the landlord the occupant's name within 30 days of move-in, or within 30 days of being asked.

In a rent-stabilized apartment, you cannot charge a roommate more than their proportionate share of the legal rent. Once you move out and someone else lives there in your place, you are subletting, and everything above applies.

How should a New York City sublet handle the security deposit?

Treat it the way New York treats any residential deposit. General Obligations Law 7-108 caps a security deposit at one month's rent and requires it to be returned within 14 days of move-out, with an itemized statement for anything kept. Put the amount and the return terms in the written sublease, and take dated photos at move-in and move-out.

On Ohana, the guest pays the deposit and first month's rent through the platform before moving in, and Ohana texts the guest to confirm they moved into the apartment they paid for before the host is paid. That is the part informal sublets usually skip.

What should I check before I sublet in New York City?

• The term is at least 30 consecutive days.
• You know your building type: four or more units, fewer than four, co-op, condo, or public housing.
• You know whether the apartment is rent-stabilized, and if so, what the legal rent is.
• You mailed a complete request by certified mail and kept the receipt, or you have the board's written approval.
• The sublease is in writing, names the term, the rent, the deposit, and what happens if either side leaves early.
• The rent you charge is legal for your apartment, and in line with what similar places rent for. Current figures are in average sublet prices in NYC.

How do these rules play out for sublets booked on Ohana?

Most people never come close to the short-term rental line. 5,441 people have booked 5,775 sublets in New York on Ohana. The median stay is 69 nights and the average is 77. 72 percent of those move-ins fall between May and August, which is when landlord requests pile up, so mail yours early.

Finding the subtenant is usually faster than getting permission. Among New York sublets on Ohana, the median time from publishing a listing to a booking is 11 days. The landlord has 30. List when you are ready to name a real person in the letter, and set the move-in date after the consent window. Ohana figures are as of November 3, 2026 and refresh daily.

What else do people ask about NYC sublet rules?

Is subletting legal in New York City?

Yes, for 30 days or longer, with the landlord's written consent. Shorter stays are short-term rentals and are illegal in most buildings unless you are living there and registered with the city.

Can my landlord charge me a fee to sublet in New York City?

A market-rate landlord cannot condition 226-b consent on a rent increase. Co-op and condo boards commonly charge sublet and application fees under their bylaws. In a stabilized apartment, check the current Rent Guidelines Board rules rather than accepting a surcharge someone calls standard.

How long can I sublet my apartment in New York City?

At least 30 days, and no longer than your own lease. In a rent-stabilized apartment, the total cannot exceed two years in any four-year period. Co-ops often set their own caps.

Can I sublet on Airbnb in New York City?

Only for 30 days or longer, or as a registered host who is present during the stay. The same landlord-consent rules apply no matter which platform you use.

Am I responsible if my subtenant damages the apartment?

Yes. You stay on the lease, so the landlord can hold you responsible for rent and damage. A written sublease, a deposit, and move-in photos are how you recover it from the subtenant.

What is the bottom line on NYC sublet rules?

Sublet for 30 days or longer, get written consent, and know your building type before you promise anyone keys. Stabilized tenants have a two-in-four-year limit and a rent cap. Co-op and condo owners answer to the board. Once the rules are covered, the rest is finding the right person. Browse current New York City sublets, or read where to find sublets in NYC.