Subletting Under Rent Stabilization

[KarenM]

I am looking into how to legally sublet my rent stabilized apartment for possibly a year to 6 months, as well as how much I can charge in doing so. I would like to know specifically what steps and processes I need to go through with my landlord and new subleasee.

I want to keep my apartment while I am overseas in SE Asia.

Any advice on how to do this would be greatly appreciated. Thanks.

[oldladydriver]

i did that and the asshole is trying to steal my apartment. be very careful.. its all i have to say.. i have now become the evil landlord , since i sublet my apt.. its a headache . dont do it!!.

<small>[ November 15, 2002, 06:17 PM: Message edited by: OldLadyDriver ]</small>

[mkraft]

If your apartment is rent stabilized, you can find most and probably all you need to know about the law concerning subletting on this website (look in the Rent Stabilization Code).

The main points:

- You can sublet a maximum of two years out of any four-year period.

- You cannot legally charge the sublessee any more than the actual rent you pay, except a 5% surcharge if you are leaving your furniture for his/her use.

Since you're going overseas, you should try to enlist a friend to monitor the situation at your apartment, preferably one who can deal with any worst-case scenario in your absence, such as hiring a lawyer to represent you if the landlord makes any moves to evict you in your absence (e.g., based on lease violations by the subtenant). You may want to consider consulting a lawyer before you leave to pre-arrange that.

[consigliere]

You can charge -- and keep -- a 10% surcharge for a fully furnished apartment.
 
In addition, under the current rent guidelines, your landlord is entitled to a 10% sublet surcharge.
 
See DHCR Fact Sheet #7 - Sublets, Assignments and Illusory Tenancies for more information.