If I sublet my apartment to a family member, can the landlord legally demand a credit check on the person I am subletting to?
If the tenant is eligible to sublet to a subtenant, the tenant must ask the landlord for permission to do so and provide certain information. Landlords may review the proposed subtenant’s qualifications under the standards used to screen the original tenant. The landlord may consider, among other things, the prospective subtenant’s credit history. It is understandable that the landlord wants to evaluate a subtenant’s ability to afford the rent and other obligations.
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Dear Astoria Tenant:
Unless the lease provides for a right to sublease the apartment without the landlord's advance permission, the New York State law providing for a right to sublease requires that the tenant obtain the landlord's advance consent to sublease.
If the familiar member will live in the apartment in your place and without you also living in the apartment then the New York State sublease law controls.
">>>2. (a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld. >>>"-
See more at: http://codes.lp.findlaw.com/nycode/RPP/7/226-b#sthash.h6iDFk4s.dpuf
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
If the landlord needs to consent I see no reason they can't require a credit check.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
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