What is Unauthorized Subletting?
Unauthorized subletting occurs when a tenant rents all or part of the leased premises to another person (the subtenant) without the landlord’s consent. Many lease agreements explicitly prohibit subletting without prior written approval from the landlord.
Most leases have a clause in it that states that the tenant may not sublet the premises without the written consent of the landlord. These lease parameters are legal and do hold force and effect, however the landlord may not arbitrability withhold consent from a sublet. Meaning, if the person who is going to take over the property is an upstanding individual, with the means to pay the rent, you have no reason to not let him stay there.
If the tenant does not receive the prior written consent of the landlord, (assuming this common provision is in the lease) it is a breach of the lease. The landlord should treat it just as they would any other violation of the lease. At this point there are three steps to follow:
1. Read the lease, make sure it is a violation of the lease that you and the tenant signed (we discuss it here because it is a common provision).
2. Take any action that is required under the lease to enforce said provisions
3. Contact MCV law to assist with the eviction process for a breach of lease
Why You Need a Landlord Attorney
New York State landlord-tenant law is highly regulated, and even minor errors in the eviction process can delay your case or result in dismissal. Serving the wrong notice, missing deadlines, or failing to establish that the sublet was unauthorized can jeopardize your efforts to reclaim your property.
MCV Law’s Landlord Services team helps landlords:
- Draft legally compliant notices
- Ensure proper service of documents
- Build a case to prove the unauthorized subletting
- Represent you in court proceedings
We work efficiently to protect your property rights and minimize your legal risks.
Get Help with Evictions in Syracuse and Beyond
If you suspect your tenant is subletting without permission, don’t wait — contact the landlord lawyers at MCV Law for guidance. We offer free consultations and can help you develop a strategy tailored to your specific situation.
Let us help you navigate the eviction process confidently and within the bounds of New York State law.