NYC Leases vs. Sublets: Key Differences and How to Find and Secure Both

Introduction

A lease is a formal agreement directly with the landlord for a specified term, while a sublet is a temporary arrangement where a tenant rents out their leased space to another party.

Note: Most people will use the terms sublet and sublease interchangeably. They are not the same: with subletting, the original tenant is directly responsible for the lease, while with subleasing, the subtenant is directly responsible for the remainder of the lease term. However, this difference is relevant for tenant requirements and legal agreements, but not as relevant with the searching process.

In New York, sublets and subleases must be for a minimum of 30 days, as shorter arrangements are considered illegal short-term rentals under New York law.

Key Differences

	Lease	Sublet / Sublease
Definition	A formal agreement directly with the landlord for a specified term.	A temporary arrangement where a tenant rents out their leased space to another party.
Duration	Typically long-term (6-12 months or more).	Very flexible. Often short-term. This can land anywhere between a month-to-month arrangement, to a few months without possibility of extension, to a year.
Where to Search	Streeteasy, r/NYCapartments, Renthop, Leasebreak	Facebook housing groups, Atlas Rooms, Listings Project, and Spareroom are popular options. Read more about how to find sublets in NYC here.
Tenant Requirements	Most landlords typically require a 1040 tax form or W2, three recent pay stubs, three recent bank statements, an employment verification letter (confirming job duration and salary), and a signed reference letter from your previous landlord.	There’s no standard for sublet requirements, but listers might request proof of employment or income. While the criteria are generally less stringent than lease requirements (e.g., not necessarily meeting the 40x rule), having an employment letter and recent pay stubs (with private information redacted) is recommended.
Legal Responsibility & Agreement	The tenant is fully responsible to the landlord for rent and damages. The agreement for this is provided by the landlord.	The subtenant deals with the original tenant, who remains responsible to the landlord. Either the original tenant or the subtenant will need to draw up a sublease agreement. Read more about sublease agreements here.
Scams to watch out for	Frauds pretending to be brokers, bait & switches, venmo payments, exclusive showing contracts, application fees over $20, misleading listings, landlords who are “abroad”, and offers to “mail in the keys”. For a longer list, read this Reddit post.	Listers who ask for a screenshot of the post in their DMs, offers of super flexible move-in/move-out dates, generic AI-like descriptions of the neighborhood, unusually low rent, odd photo quality, refusal to meet, payments before viewing. For a longer list, read our article on how to spot scams in NYC.