Legal to airbnb if "no sublet" clause in lease?

Hi all - I haven’t hosted before. I live in Brooklyn, NYC, renting a studio apartment in a building.

I’m in a special temporary predicament in which I would make my place available on Airbnb for 1 month. The situation is: I’m trying to move out to a new apartment, but I won’t know if I’ll be accepted until 5 days before my move-in date. Which means I can’t provide my 30-day move-out notice to my landlord before I move — essentially no matter what I do there will be a one-month period of overlap where I will need to pay rent for both apartments.


In order to help pay off the rent for one place, my plan is to move out on July 1st, leaving my studio in tip-top shape and still furnished (I don’t need my furniture at the new place). And then for that month, have it listed on Airbnb so that my earnings will pay off that extra rent.


In my lease it says “no sublets” so this would be a violation of that. However, obviously I don’t care about getting evicted and I probably will have to forgo my security deposit anyway — so is there really any penalty?? I just want to make sure I won’t face some kind of extra legal fees or jail time?? (lol).


This is just for 30 days (hope no one will catch me in that time). The landlord will think I’m still living there as my last month before I move out. I am breaking my lease but have it in writing that I won’t face any cancellation fees. I live in Flatbush in Brooklyn, New York City. My apartment will still be furnished for the guests — in fact, I think this is better because it will be furnished but empty of my personal belongings so they’ll have a huge space all to themselves.

If anyone can give any advice I would greatly appreciate it!! My biggest concern is jail time or legal fees. If you don’t think I’ll face those then I’m happy.


Perhaps you should talk to an attorney we are hosts not lawyers.


Well, as you know on this forum we are not fans of sneaky subletting in violation of your lease but… as you say, this is an unusual situation.

When I was a renter, this always happened, the overlap. It’s just part of renting and moving in my view. You will pay for two places for one month. Something to be expected. Actually it happens when you buy a,place as well. I remember having to pay twice when I bought my house…for the last partial month at my old place and for the mortgage starting the first of the month.

. Why do you feel you will you lose your security deposit?

But back to your original question…

I don’t think Airbnb cares whether you violate your lease or not, and since it is a one time thing, just try it?? As for legalities in NYC, I have no idea. I don’t think anyone is going to come after you or care for one month. However, I wouldn’t advise subletting once you get to your new place! Not unless you have it in writing for the landlord.


NYC has very strict rules on illegal short term rentals including fines (hefty) and a snitch program. This poster knows she is in violation of her lease. NY landlords can be very tough. If she thought for sure she could get away with it she wouldn’t be posting here.

1 Like

You should probably show your lease to a lawyer. They can tell you what the landlord can do. The other problem is if your little scheme gets busted, by, let’s say, your neighbors, what will the city do? Also, consider that guests may ‘inconvenienced’ at arrival or mid-stay, by being barred from entering or evicted… Too much risk, not enough reward.
Once upon a time, I wanted to move out of my place mid lease. This was way, waaay before Airbnb. I advertised the rental in the local pennysaver classified for more than I was paying and called my landlord and told her I wanted to move out and found another renter for the higher amount. That went rather smoothly!

You should care about getting evicted. An eviction goes on your credit report for a very long time. This means that you would find it difficult and expensive to get credit. Credit doesn’t just mean buying a house or car. Utility companies and insurance companies (among others) check your credit. Also, many landlords check to see if you’ve been evicted from a prior residence. Most landlords won’t rent to someone who has been evicted.


It will go on the credit record as an eviction, only if the landlord gets damages and a judgment. However, here in Hawaii, like most states I would imagine, you can look up anyone on the judiciary site to see what actions have been filed. Even if they weren’t awarded a judgment!

This was how I discovered that my ex and his squeeze were evicted out of their last place, and they even dragged it out to a Writ of possession and sheriff lockout! I also found a few TROs and small claims actions against them from people who worked for them and weren’t paid.

Super useful! Site!! :rofl::rofl::clap:

It must be noted that While he was married to me there was never drama or evictions. Eviction, really???



You know your situation best, but I’m in NYC too and I thought it was standard to pay first and last month’s rent when you move in?

Technically, the landlord is supposed to put your last month’s rent in an interest bearing account, and give you the interest when you move out.

So what you do is, when you’re ready to leave, you say, “Hi, Landlord! It’s been a pleasure renting from you but I must go. Please consider my last month’s rent paid (with the security deposit, if that’s what they called it), and as a gesture of goodwill you can keep the interest that has accrued. Bye now!”

I have no advice about whether you should sublet, but you shouldn’t have to pay both rents at the same time.


I know states have different long-term lease requirements but if the purpose of the security deposit is for payment of the last month’s rent, what does the landlord use to recover charges for cleaning or damage the tenant might have left?

There are a lot of unwritten rules in NYC. In my area, anyway, it’s understood that the security deposit is security on rent, not damage. Damage happens, the houses are 80-100 years old and in a constant state of (dis)repair. The one time I know of a landlord trying to claim the tenant did damage, the tenant turned around and threatened to get the city on their backs for all the illegal stuff (like the knob & tube wiring, the front door that was broken/ stuck shut/ couldn’t be locked…)

… but maybe that’s just queens. :smiley:

1 Like

Understood but oh boy, it would be scary to be a landlord there when there’s no recourse for damage. (eek!)

Queens is different! I have an amazing letter written to my parents when I was three. Evidently, even a whisper of a child in an apartment building was an appropriate time to write a rhapsodic letter to the landlord. An active three and one year old put this poor old man into the most poetic frenzy of his life.

1 Like

Would you be setting up the listing and taking reservations before you knew if the new place accepted you? if so, what happens if you aren’t accepted? Does that mean you would be cancelling the reservations last minute? That’ s kind of a jerky thing to do to people who would be depending on your for their lodging.

Also, what if your old landlord finds about your Airbnb activities and tells your new landlord?

Are you on a month-to-month lease?

1 Like

That would be highly unusual in NYCity.

1 Like

In Hawaii, its illegal to collect anything more than the month’s rent for deposits. So if your rent was 700 landlords can only collect 700 to cover any sort of deposit. Security, pet, etc.

And to add to that … employers now check credit history too.

Really? Are we now starting to advice hosts on running an illegal operation?
This topic should be closed and removed.

@Chris where is anyone telling the OP how to run an illegal operation. It’s a valid question and all the answers have expressed concern at the OPs plan. I have yet to see a post that has said ‘wonderful idea go for it!’

1 Like

Have you turned into a Mod here overnight @Chris and no-one has noticed?

As @Zandra says it’s a valid question and brings up some interesting discussion points.

If I would have turned into a MOD the topic would have been gone already… :yum:

I do not think advice/discussion on illegal behaviour should be allowed on this forum, like on most other forums.
OP is planning to run an illegal AirBnB and this forum is helping her by giving information.