Sublet agreement in NYC: what to put in writing
A sublet agreement should name the tenant and the subtenant, state the start and end dates, the rent and the day it is due, the deposit and the conditions and deadline for its return, what is included (furniture, utilities, internet, linens), who repairs what, that the subtenant is bound by the terms of the original lease (attached), how either side can end it early, and how keys and move-out work. One or two pages, signed by both, with a copy of the landlord's consent, is enough for most sublets.
Reviewed October 28, 2026 by the SubletNY team against the sources listed at the end.
The clauses that prevent most disputes
Each clause below answers a question that otherwise gets argued about on move-out day.
- Parties and premises: full names, the apartment address, and which rooms are private or shared.
- Term: start and end dates; whether it continues month-to-month after the end date and with how much notice.
- Rent: the amount, the due date, how it is paid, and what happens if it is late.
- Deposit: the amount (New York caps a residential security deposit at one month's rent), what it may be used for, and the deadline for returning it with an itemised statement.
- What is included: furniture and appliances by room, utilities, internet, cleaning, linens; who pays for what is not included.
- Condition: a move-in photo set or checklist signed by both, and the standard for return (broom-clean, same condition less ordinary wear).
- Repairs and problems: who the subtenant calls, who pays for what, and that the tenant stays responsible to the landlord.
- The original lease: attached, and the subtenant agrees to follow its rules (no smoking, pets, noise, guests).
- Early termination: notice period and any fee, for both sides.
- Keys, mail and move-out: how many keys, a forwarding address, and when the inspection happens.
The deposit rules in New York
Since the 2019 rent law changes, a residential security deposit in New York may not exceed one month's rent, the tenant has the right to a move-in inspection, and the deposit must be returned within fourteen days of the tenant vacating, with an itemised statement for any deduction. A sublease is a residential tenancy, so set the deposit and the return deadline to match.
What a subtenant should insist on
A copy of the original lease, proof that the person you are paying is the tenant of record (a utility bill or the lease with their name), the landlord's consent or at least the certified-mail receipt of the request, a written receipt for every payment, and a photo record of the apartment on day one.
What a tenant should insist on
Government ID and a reference for the subtenant, the deposit and first month before keys, a clause that the subtenant leaves on the end date (your own lease and the landlord's consent depend on it), and a rule for guests and overnight visitors. This guide is general information from public sources, not legal advice; for a dispute, speak to a tenant lawyer or a tenant association.
