Can a tenant sublet an apartment, and can the landlord say no?
In many states the lease decides: if it requires your consent to sublet, the tenant needs it. Some states limit how you can refuse. New York lets tenants in buildings with four or more units sublet with consent that cannot be unreasonably withheld, and treats silence as yes after 30 days. Delaware lets tenants sublet unless agreed otherwise in writing, and puts the burden on the landlord to show a refusal was reasonable.
Sublet or assignment?
In a sublet, the tenant rents the unit to someone else for part of the remaining term and stays on the lease, so they still owe you. In an assignment, the tenant hands over the whole remaining lease to someone new. Owners usually prefer to treat a long sublet like a new application and to handle a tenant who wants out for good as a lease break or an assignment.
New York: Real Property Law 226-b
RPL 226-b gives a tenant in a building with four or more residential units the right to sublet with the landlord's advance written consent, and that consent shall not be unreasonably withheld. The steps are set out in the statute:
- The tenant sends a request by certified mail, return receipt requested, with the sublease term, the subtenant's name and addresses, the reason, the tenant's address during the sublet, the written consent of any co-tenant or guarantor, and a copy of the proposed sublease.
- Within 10 days the landlord may ask for more information, as long as the request is not unduly burdensome.
- Within 30 days of the request or the added information, whichever is later, the landlord must consent or give reasons for refusing.
- If the landlord sends nothing, the sublet is deemed consented to.
The tenant stays liable for the lease during an approved sublet. For an assignment, the owner may withhold consent without cause, but if the owner unreasonably withholds it, the tenant can ask to be released from the lease on 30 days' notice. A lease clause waiving these rules is void.
Delaware: tenants may sublet unless the lease says otherwise
Under 25 Del. C. 5508, unless otherwise agreed in writing, a Delaware tenant may sublet or assign. The lease may restrict assignment and may require the landlord's consent to sublet, but that consent shall not be unreasonably withheld, and in a dispute the landlord must show the refusal was reasonable.
In states without a statute like these, the lease usually controls, so write the sublet clause on purpose. Check your own state and city.
Reasonable and unreasonable grounds
| Usually reasonable to refuse | Usually risky to refuse |
|---|---|
| Subtenant fails your written income or credit criteria | A blanket no with no reason |
| Sublet would break your occupancy limit | Reasons tied to the subtenant's race, religion, family status or another protected class |
| Request is missing what the law or lease requires | Refusing to reply in New York, which counts as consent after 30 days |
| The tenant is behind on rent or in breach | Demanding a large fee as the price of consent |
Screen a subtenant the same way you screen any applicant, with written criteria and consent to obtain reports (see the screening checklist).
Example a made-up New York tenant in a 12 unit building asks on May 1 to sublet for four months at the same $1,800 rent. The owner asks for the subtenant's pay stubs on May 6, inside the 10 days. They arrive May 12, so the owner's 30-day clock runs to June 11. The subtenant earns $5,600 a month, which passes the owner's three times rent rule of $5,400, and the owner sends written consent on May 20.
What your lease should say
- No sublet or assignment without the owner's prior written consent, and how to ask.
- The owner screens every proposed subtenant against the same written criteria.
- The original tenant stays responsible for rent and damage during a sublet.
- Occupancy limits still apply.
- Short-term rentals, such as nightly stays, are a separate question; many cities restrict them.
Make the clause match your state law. In New York and Delaware it cannot take away the tenant's statutory rights.
How DoorKeeping handles it
DoorKeeping keeps each unit's tenants, lease dates and ledger with its property, so a sublet is a record change you approve with one tap. DoorKeeping is $2 per unit per month, rent still goes straight to your bank, and it gives no legal advice.
Sources
- New York Real Property Law 226-b, read Oct 29, 2026
- Delaware Code title 25, chapter 55 (section 5508), read Oct 29, 2026
Questions
- Can a landlord refuse a sublet in New York?
- Yes, for a reasonable cause, in writing within 30 days. In buildings with four or more units, consent cannot be unreasonably withheld, and no reply counts as consent.
- Is the original tenant still liable during a sublet?
- Generally yes. New York's statute says so expressly, and most leases say the same.
- Can my lease ban subletting completely?
- In many states a lease can require your consent. In New York and Delaware a lease cannot strip the tenant's statutory right to ask, and refusals must be reasonable.