Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
About 67.2 percent of occupied homes in New York City are rented, since the Census Bureau puts the owner occupied housing rate at 32.8% for 2020 to 2024, and the median gross rent is $1,821 a month (U.S. Census Bureau QuickFacts, New York City). Many renters share costs with roommates or need to leave before a lease ends, which makes subletting and roommate rules a practical question for a large number of households.
This guide explains subletting, lease assignment, and adding roommates in New York City under New York law and any local rules, how to ask your landlord the right way, and what to put in writing.
Quick answers
- Right to sublet: tenants in buildings with four or more units may sublet with consent that cannot be unreasonably withheld (N.Y. Real Prop. Law § 226-b).
- Roommates: a single tenant may share with immediate family and one additional occupant (N.Y. Real Prop. Law § 235-f).
- Short term rentals: strict registration rules apply in New York City (NYC Office of Special Enforcement, FAQ for prospective hosts).
Subletting in New York
In buildings with four or more residential units, a New York tenant may sublet with the landlord’s prior consent, which may not be unreasonably withheld. The landlord must respond within 30 days, and failure to respond is deemed consent. After a sublet, the original tenant remains liable for the tenant’s obligations. Assigning a lease requires the owner’s written consent, and if the owner refuses unreasonably, the tenant may ask to be released on 30 days’ notice (N.Y. Real Prop. Law § 226-b).
Roommates in New York
A single named tenant may share an apartment with immediate family, one additional occupant, and that occupant’s dependent children. When several tenants are named on the lease, the total number of tenants and occupants generally cannot exceed the number of tenants on the lease. The tenant must tell the landlord the occupant’s name within 30 days of a request (N.Y. Real Prop. Law § 235-f).
Short term rentals in New York City
New York City’s short term rental registration law requires hosts to register, live in the unit, maintain a common household with guests, and host no more than two paying guests at a time. A host must not be prohibited by the lease, and rent stabilized, rent controlled, and NYCHA units are ineligible (NYC Office of Special Enforcement, FAQ for prospective hosts).
Sharing rent in New York City
As an illustration, splitting the median gross rent of $1,821 a month in New York City between two people would be about $910 each (U.S. Census Bureau QuickFacts, New York City). Splitting costs only works if everyone pays on time, so put the arrangement in writing.
Related guides for New York City
If you need to leave rather than sublet, our guide to breaking a lease in New York City explains your options, and our New York City security deposit guide covers how deposits must be returned when tenants change.
Free help in New York City
Call 311 and ask for the Tenant Helpline, or call Housing Court Answers at 718.557.1379 (NYC Human Resources Administration, Legal services for tenants). For other assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
Sublet, assignment, or new roommate?
- Sublet: you rent all or part of your unit to someone else while you remain the tenant and stay responsible to the landlord.
- Assignment: you transfer the lease to someone else, who takes over as tenant; whether you are released depends on the agreement.
- Adding a roommate: another person moves in, either as a co tenant on the lease or as an occupant.
Each has different consequences for who owes rent and who can be evicted, so be clear about which one you are asking the landlord to approve.
How to ask your landlord
- Read your lease for any clause on subletting, assignment, guests, or occupants.
- Write to the landlord with the proposed person’s name, the dates, and whether you will remain on the lease.
- Offer to have the person complete the landlord’s application and screening.
- Ask the landlord to confirm approval in writing before anyone moves in.
- Keep copies of every message and the final approval.
A sample sublet request
Date: 2026. To: [landlord]. Re: Request to sublet [address, unit]. I am requesting permission to sublet my unit to [name] from [start date] to [end date]. I will remain responsible under the lease during this period. [Name] can complete your application and screening. Please let me know in writing whether you approve or what else you need. Sincerely, [name, phone].
What a written sublease should cover
- The names of everyone involved and the unit address.
- The start and end dates.
- The rent the subtenant pays, when, and to whom.
- How the security deposit will be handled.
- Who pays utilities and how.
- The rules from the main lease that the subtenant must follow.
- What happens if the subtenant damages the unit or stops paying.
Roommate agreements
Even when everyone is on the lease, a written roommate agreement prevents most disputes. Cover how rent and utilities are split, who pays the landlord, quiet hours, guests, cleaning, shared purchases, how the deposit will be divided, and what happens if one person wants to leave early. If all roommates sign the lease, each may be responsible for the full rent if another stops paying.
Risks of an unapproved sublet
Subletting without required permission can be a lease violation that leads to an eviction notice, and you may still owe rent if the subtenant does not pay. A subtenant who was never approved can also be in a difficult position if the landlord objects. Getting written approval first protects everyone.
Build your evidence file
Landlord and tenant disputes are usually decided by documents. Keep these together from the day you sign:
- The signed lease, every addendum, and every renewal.
- Receipts or bank records for the deposit and each rent payment.
- Dated photos and video of every room at move in and move out.
- Copies of every repair request and the landlord’s replies.
- Every notice you send or receive, with proof of delivery.
Keep copies somewhere other than your phone, such as an email to yourself, so they survive a lost device.
Screening a subtenant or roommate
- Meet in person or by video and confirm identity.
- Ask for references from past landlords or roommates.
- Confirm income or savings sufficient to pay their share.
- Agree on house rules before signing anything.
- Never hand over keys before the landlord approves and the agreement is signed.
Guests versus occupants
Most leases allow short visits by guests but limit how long someone can stay before they count as an occupant. If a partner, friend, or relative starts staying most nights, check your lease and ask the landlord how to add them properly rather than waiting for a complaint.
When a roommate moves out
If a roommate leaves before the lease ends, the remaining tenants may be responsible for the full rent. Talk early about whether to find a replacement, how the departing roommate’s share of the deposit will be handled, and whether the landlord must approve the newcomer. Put any agreement in writing.
Splitting the security deposit
Landlords usually return a single deposit for the unit. Agree in writing who will receive it, how it will be divided, and how damage caused by one roommate will be charged. When a roommate leaves mid lease, the incoming person often pays the departing person for their share, so document that payment too.
Summer and student sublets
Short summer sublets are common near colleges, and they are also a common setting for scams. Verify that the person subletting actually lives in the unit, confirm the landlord has approved, and avoid paying by wire, gift card, or cryptocurrency.
Frequently asked questions
Can I sublet my apartment in New York City?
tenants in buildings with four or more units may sublet with consent that cannot be unreasonably withheld (N.Y. Real Prop. Law § 226-b).
Am I still responsible if my subtenant does not pay?
Usually yes. In a sublet you generally remain the tenant and stay responsible to the landlord unless the landlord agrees in writing to release you.
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- U.S. Census Bureau QuickFacts, New York City
- N.Y. Real Prop. Law § 226-b
- N.Y. Real Prop. Law § 235-f
- NYC Office of Special Enforcement, FAQ for prospective hosts
- breaking a lease in New York City
- New York City security deposit guide
- NYC Human Resources Administration, Legal services for tenants
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint