Sublet Strategy...

[mzallen]

I have a legal rent-stabilized apartment in my own name and have lived here 2+ years. I received a job oppy to work abroad for 15 months and would like to sublet the apt (furnished) and return to my home.

Can I sublet even though my lease says I cannot?
Since I will be leaving my stuff, and the utils in my name, does it make more sense to merely add the subtenant as an occupant (like a roommate?)

I'm concerned about doing an official sublet because although the landlord's consent cannot be 'unreasonably withheld' - I am due to leave in July and would prefer not to have to appear in court. (I'll be VERY far away).

SHould I retain a lawyer?

Advice, help!
-Thanks.

[Lilly]

Yes you can sublet, providing you follow certain prescribed procedures. Here is the DHCR link regarding sublets, etc:

http://www.dhcr.state.ny.us/ora/pubs/html/orafac7.htm

[newtonyc]

Don't add the person as a room mate as this will constitute an illegal sublet when you leave and could be grounds for eviction procedure which will be an expensive mess if you are away.

[digerati]

DO NOT overcharge your subtenant. You may legally charge the individual an additional 10% above the legal rent if you leave the apartment furnished (as indicated in lilly's link above). Also, my advice would be to inform the landlord of the sublet. I believe he could start an eviction proceeding if he obtains constructive knowledge of the illegal sublet.

[mzallen]

Thanks for the advice...one follow-up question:
Is there a template for an acceptable subtenant agreement? Or is it usually a simple paragraph in plain English stating the term, the rent, etc.

CG

[digerati]

Sure, there are tons of them on the net. Just do a google search for 'sublet agreement' and lots of good resources show up.

Good luck.