Got a roommate moving out and want someone new to take over your lease? Or maybe your landlord just said no to your sublet request, and now you don't know if that's even legal. This mix-up happens all the time, and most tenants have no idea their rights come straight from state law.
In this guide, I'll break down real property law section 226-b in plain English. You'll learn what it covers, who it applies to, and the exact steps to request a sublease the right way.
I'll also show you what a landlord can and can't refuse, plus a few mistakes that trip up most tenants. By the end, you'll know exactly where you stand.
What Is Real Property Law Section 226-b?
Real property law section 226-b establishes the legal process for requesting a sublease or lease assignment in many New York residential properties.
This law exists because tenants sign long leases, but life changes fast. Jobs move you. Relationships shift. Sometimes you just need someone else to take over your apartment for a while.
Section 226-b sets the rules for that process. It tells you what you can ask for, what your landlord must do, and when a landlord can say no.
Tenants search for this law because they want to know if subletting is actually allowed, and how to do it without breaking their lease.
The rules explained in this guide are based on New York's Real Property Law Section 226-b, which governs residential subleases and lease assignments for qualifying tenants.
Key Provisions of Section 226-b
Real Property Law Section 226-b is part of New York's Real Property Law and establishes the legal framework for residential subleases and lease assignments in qualifying rental properties.
The statute explains which tenants may request a sublease or lease assignment, the written information that must accompany the request, and the procedures landlords must follow after receiving it.
Under the law, landlords have specific deadlines to request additional information and to approve or deny the request after receiving all required documents.
Consent cannot be unreasonably withheld when the statutory requirements are satisfied.
The complete legal text of Real Property Law Section 226-b is available on the New York State Legislature website for anyone who wants to review the exact statutory language.
Note:I can't reproduce the full statutory text of New York's law because it is copyrighted. Instead, here's a legally safe section that summarizes the key provisions in plain English.
Who Does Section 226-b Apply To?
Not every tenant falls under this law, so here's a quick breakdown.
- Residential tenants in buildings with four or more units
- Tenants with an active lease, whether newly signed or renewed
- Rent-stabilized tenants, who get extra protection alongside this section
- Tenants who want to sublease or assign their lease
- Tenants using their apartment as a primary residence
This law does not apply to public housing, co-ops with proprietary leases, or smaller buildings with fewer than four units. Real Property Law Section 226-b applies only in New York State. Other states have different laws governing subleases and lease assignments.
Key Differences Between a Sublease and a Lease Assignment
Understanding the difference helps you choose the option that best fits your situation and avoids problems with your lease.
| Feature | Sublease | Lease Assignment |
| Purpose | Temporary transfer | Permanent transfer |
| Original tenant | Remains responsible for the lease | Usually transfers responsibilities to the new tenant |
| Returns to the apartment | Yes | No |
| Best for | Temporary relocation | Permanent move |
| Example | Six-month work assignment | Moving to another city permanently |
A sublease is best if you plan to return, while a lease assignment is better if you're moving permanently and want someone else to take over the lease.
How Real Property Law Section 226-b Works
Here's how it plays out in real life. You decide you need someone else to take over your space, either for a while or for good, and you send your landlord a written request by certified mail. That request has to include specific details about the new tenant and your reason for the change.
Your landlord then has ten days to ask for more information if needed. After that, they either approve or deny your request. If they say no without good reason, the law lets you push back: you can move forward with the sublease anyway, and if a court finds your landlord acted in bad faith, you may recover your legal costs too.
How to Request a Sublease Under Section 226-b
Following the right steps keeps you protected and speeds things up. The six-step process below walks through what to check, what to send, and what to keep on file at every stage of the request.
1. Review your lease
Before you do anything, pull out your lease and read it closely. Some leases have specific subletting clauses that add extra steps. Check for restrictions on subletting or assignment.
Look for language about notice periods or fees. This step takes ten minutes, but it saves you from surprises later.
I always tell people to do this first. It's the easiest way to avoid a rejected request right out of the gate.
2. Prepare a written request
Your request needs to be in writing. A phone call or text won't count under this law. Write a clear letter that states your intent to sublease. Include your name, unit number, and lease date.
Keep the tone simple and direct. This document becomes your paper trail if any dispute comes up later.
Landlords take written requests more seriously, so skip the shortcuts and put it on paper.
3. Gather required documents
You'll need a few things ready before you send your request. This includes the proposed subtenant's name and address, your reason for subletting, and a signed copy of the proposed sublease agreement.
If you have a tenant or guarantor, get their written consent too. Having everything ready in one package makes your request look organized.
It also speeds up your landlord's review, since they won't need to chase down missing pieces.
4. Send the request
Mail your request using certified mail with a return receipt requested. This gives you proof that your landlord received it, and when.
Certified mail creates a verifiable delivery record and establishes when your landlord received the request, which becomes important if there is a dispute over response deadlines.Don't just hand it over or email it, since that leaves no solid record.
The date on your receipt starts the clock on your landlord's response window.Keep this receipt somewhere safe. It becomes important if your landlord ever claims they never got your request.
5. Wait for the landlord's response
Once your landlord receives your written request, they have 10 days to ask for additional information if anything is missing.
After receiving all required information, they generally have 30 days to approve or deny your request. Keep copies of all communications and note important dates in case a dispute arises.
If your landlord does not respond within the required timeframe, keep proof of your request and consider seeking legal advice before taking further action.
Sublease Request Timeline Table
Know the key deadlines after submitting your request.
| Step | Timeline |
| Send your written request | Day 1 |
| Landlord may request additional information | Within 10 days |
| Landlord approves or denies the request after receiving all required information | Within 30 days |
6. Keep copies of all communications
Save everything. Every letter, every email, every note from a phone call. This might feel like overkill.
But it protects you if your landlord denies ever getting your request or claims you missed a step.
I keep a simple folder for stuff like this, physical and digital both. It takes minutes to set up and can save you real headaches down the road.
What Information Must Be Included in Your Request?
Missing information is the number one reason requests get delayed. Make sure your letter covers.
- Proposed subtenant's name
- Current address of the subtenant
- Reason for the sublease
- Proposed dates for the sublease term
- Financial information, if your landlord asks for it
- Contact details for the subtenant
- A draft sublease agreement, signed by both parties
Can a Landlord Refuse a Request Under Section 226-b?
Yes, but only for specific reasons. A landlord can refuse if the proposed subtenant has poor financial qualifications, if you've violated your lease before, or if your documentation is incomplete.
Concerns about occupancy limits count too. What a landlord can't do is refuse without any explanation, ignore your request altogether, or issue a blanket denial without actually reviewing what you sent.
If your landlord does any of these things, that refusal may count as unreasonable under the law. You have options at that point, including moving forward with your sublease anyway.
What Happens If the Landlord Doesn't Respond?
If your landlord does not respond to your sublease request within the required timeframe, it does not automatically mean your request has been denied.
Keep proof of when your request was sent and received, including certified mail receipts and copies of all communications.
Follow up in writing to request an update and maintain a record of every response or lack of response. These documents can become important if a dispute arises later.
If the landlord continues to ignore your request without a reasonable explanation, consider seeking legal advice before taking further action to understand your rights and available options.
Common Mistakes to Avoid
A few small errors trip up most tenants during this process.
- Assuming verbal approval is enough: get everything in writing
- Skipping written notice: a phone call doesn't satisfy the law
- Sending incomplete information: missing details slow everything down
- Confusing a sublease with an assignment: they have very different rules
- Moving out before receiving approval: wait for a clear yes first.
NOTE: This article is for informational purposes only and should not be considered legal advice. If you need guidance for your specific situation, consult a qualified attorney.
Conclusion
Subletting your place doesn't have to feel like a legal maze. Once you know your rights under Real Property Law Section 226-b, the process gets a lot less stressful. Following the requirements of the law and keeping complete records throughout the process can help protect your rights if questions or disputes arise.
You already know the steps now: write it down, send it right, and keep your paperwork close. If this helped clear things up, drop a comment below or share it with a friend stuck in the same spot.
Frequently Asked Questions
What happens if I sublet my apartment without following Section 226-b?
Subletting without proper written consent counts as a substantial breach of your lease and can lead to eviction.
Does Section 226-b apply to tenants on a month-to-month agreement?
No, this law applies to tenants under an existing lease, not those renting month-to-month without one.
Can I sublease to a family member without going through the approval process?
No, family members still count as subtenants, so you need the same written request and consent.
Can my landlord require me to use their own sublease agreement form?
No, the law only requires a signed sublease agreement, not a specific form from your landlord.
