Residential Sublease Rider
(Cooperative Apartment) (Pro-Sublessor) (NY)

Summary

This template sublease agreement rider may be used to modify a pro-sublessor agreement for a cooperative apartment located in New York. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Because the owner of a cooperative apartment in New York occupies the apartment pursuant to a proprietary lease with the cooperative corporation, any lease agreement between the cooperative apartment owner and a tenant must be a sublease that is subject to the terms of the proprietary lease. This template favors the sublessor and should not be used for a rent-controlled or rent-stabilized apartment. For a full listing of key content covering residential leasing agreements, see Residential Leasing Resource Kit. See Residential Lease Agreements (NY) for a discussion of residential leasing in New York generally. For more on assignment and subletting, see Distinguishing Between an Assignment and a Sublease, 7A-5 Current Leasing Law and Techniques—Forms § 5.02; Statutes Regulating Assignments and Subletting, 7A-5 Current Leasing Law and Techniques—Forms § 5.07; Transfer of Tenant's Interest, 5-42 Thompson on Real Property, Thomas Editions § 42.04; and Good Cause Eviction Law, N.Y. Real Prop. Law § 210 et seq., effective April 20, 2024.