No, you're probably not ‘subleasing’ an individual room in a NYC apartment. Here’s why
- The term sublease usually refers to renting an entire apartment, not a room within a unit
- Landlords who rent out rooms in a unit may be violating the city’s Multiple Dwelling Law
The term "sublease" specifically refers to when a subtenant rents the entire apartment from the original tenant.
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I’m moving into an acquaintance's apartment. She sent me a “sublease” agreement to sign even though she has no plans to leave. I’m joining her; I'm not taking over the apartment while she's away. Is she giving me the correct type of agreement?
Probably not—a New York City sublease usually involves you taking over the entire apartment while the original tenant leaves for a period of time. What you’re doing is sharing your acquaintance’s apartment.
When hunting for a new apartment in NYC, words like “sublease” get tossed around a lot. But it has a distinct meaning, though renters often use it incorrectly, said Jennifer Rozen, managing attorney at the Rozen Law Group.
“The hallmark of a sublease is that the tenant of record—the tenant that is on the lease—isn’t in possession of the apartment,” Rozen said. “If there’s ever a situation where the tenant that is on the lease remains in the apartment, they’re not subleasing or renting a bedroom, they have a roommate.”
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What’s the difference between a subletter and a roommate?
The biggest difference between a subletter and a roommate is that a subletter usually gets the entire apartment to themselves while the original tenant is away. A roommate, as the word implies, lives with the original tenant and both share the common spaces in the apartment.
An NYC tenant would usually get their landlord’s permission to sublet their apartment to another renter, though landlords cannot unreasonably withhold consent. In a sublet, a subtenant pays rent to the original tenant, who usually plans to return to the apartment at a later date. (Tenants can also transfer a lease to a new renter through an assignment).
In a roommate situation, your lease with your landlord will determine when you need to renew or vacate your apartment. Roommates can be named on the lease or not, which impacts your liability for your rent.
If you’re named on the lease, you are responsible to pay rent to your landlord, though if you and your roommates leave early, your landlord has an obligation to offset those costs by trying to find a new tenant. If you are not named on the lease, you are responsible for paying rent to the tenant who is named.
So what am I signing, and is it binding?
Practically speaking, what you’re signing is closer to a roommate agreement. But it’s still legally enforceable, Rozen said.
“It's a roommate situation, always, if the tenant of record is in the apartment. It doesn't matter what they call it,” Rozen said. “It’s still enforceable even though it’s not called the correct thing.”
So, make sure to carefully read over whatever you’re about to sign.
What if I want to rent just a single room in an apartment?
It’s illegal for a landlord to rent an individual room in an NYC apartment unless the building is designated as a hotel or the apartment is a single room occupancy unit, said Sam Himmelstein, a former partner at Himmelstein McConnell Gribben & Joseph.
Landlords that rent out individual bedrooms through separate leases violate the city’s Multiple Dwelling Law. And “these laws aren’t just there for the hell of it,” they’re intended to protect renters from fires and accidents, Himmelstein said.
“While New York City regulations allow residents to have roommates or boarders, they do not permit the subdivision of existing apartments into smaller individual units, as this can pose serious safety risks, including blocked egress routes and unpermitted construction,” said Ryan Degan, a spokesperson for the NYC Department of Buildings.
Still, a landlord may try to put tenants who don’t know each other on a lease together, skirting the law, Rozen said. This practice can lead to outsized rents, particularly in gentrifying areas, she added.
Editor's Note: This article was updated to include more details from the renter's question.
