[NY] [NY] What language should be included in a sublease?

Lexi, Chatbot

I understand the importance of having your sublease and additional month-to-month lease in order. Can you tell me if there have been any issues or concerns with the current agreements?

Lexi, Chatbot

Are you looking to review the terms of the sublease and month-to-month lease for any specific reasons, such as potential changes or legal implications?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your lease agreements.

Angelo M

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Angelo M

It’s great that you've already drafted the sublease and month-to-month lease. In New York State, there are a few essential points to consider for ensuring compliance with state laws.

First, the most important factor is having the landlord's permission to sublet. Since you've mentioned that you have landlord approval, you're on the right track. It’s vital to confirm that the sublease is explicitly allowed in your original lease agreement, as some leases may prohibit subletting altogether. Be sure that the landlord's permission is documented in writing, as this can protect you if any issues arise later.

In terms of the content of the sublease and month-to-month lease, it's necessary to clearly outline all the terms of the agreement. This includes rent amount, duration, and whether utilities are included or if they are the responsibility of the subtenant.

Since you’re adding a month-to-month lease in addition to the sublease, it's crucial that the two agreements don’t conflict with one another. The terms should be clear and consistent, outlining how the rental arrangement will operate.

Another key point is the security deposit. In New York, a security deposit is typically limited to one month’s rent (§ 7-108(1-a)(e)). If you're collecting a security deposit, ensure that it doesn’t exceed this amount. Additionally, the deposit must be held in a separate account, and you should provide a written receipt to the subtenant. This protects both you and the subtenant, providing documentation of the deposit.

It’s also important to keep in mind that under a month-to-month lease, either party must provide a 30-day notice to terminate the agreement (RPL § 226-C(2)). This is standard practice, so you should include this provision in the sublease to make sure both you and the subtenant understand the termination procedure.

Lastly, you should be aware of rent control or rent stabilization laws if they apply to your property. If the property is rent-controlled or rent-stabilized, there are additional regulations regarding subletting. You may need to follow specific procedures or obtain further approvals.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?