Subletting means renting out your apartment to someone else while you're still on the lease
When you sublet, you become the landlord to a new tenant — the subtenant — while you remain responsible to your original landlord. You collect rent from the subtenant, pay your own landlord, and keep the difference (if any). The subtenant has no legal relationship with your landlord; their agreement is only with you.
This matters because you stay liable for everything in your lease. If the subtenant damages the apartment, doesn't pay rent, or breaks the lease terms, your landlord can pursue you, not them. Many leases forbid subletting entirely, and some require written permission from the landlord first. Before you advertise or sign anything with a subtenant, you need to know what your lease actually allows.
Key Takeaways
- Check your lease for subletting rules — many leases ban it outright, and some require written landlord permission before you can proceed.
- You remain legally responsible to your landlord for the full lease term, even if a subtenant stops paying or damages the unit.
- A written sublease agreement protects both you and the subtenant by spelling out rent amount, move-out date, house rules, and who pays utilities.
- You will need to collect a security deposit from the subtenant and hold it separately, just as a landlord would.
- Subletting is not permitted in rent-controlled apartments in many states without explicit landlord consent, and violating this can result in eviction.
Check your lease and get landlord permission in writing
Read your lease carefully for any language about subletting. Some leases say "no subletting without written consent"; others say "no subletting under any circumstances." A few say nothing at all, which does not mean it's allowed — it usually means the landlord reserves the right to refuse.
Contact your landlord or property manager and ask for written permission. Put the request in writing yourself — email works — so you have a record. Include the subtenant's name, the sublet dates, and the monthly rent amount. If your landlord agrees, ask them to confirm in writing. If they refuse, subletting anyway can result in your eviction, and the subtenant has no legal protection.
In rent-controlled jurisdictions like California, New York City, and parts of New Jersey, subletting rules are often stricter and may require landlord consent even if your lease doesn't mention it. Check your local tenant rights organization's website for your area's specific rules.
Create a written sublease agreement with the subtenant
A sublease is a contract between you and the subtenant. It should cover the same basics as a regular lease: the monthly rent amount, the move-in and move-out dates, which utilities are included, house rules, and the security deposit amount. You can find sublease templates online through legal document sites or your local tenant rights organization.
The subtenant should sign and date the agreement, and you should keep a copy. This protects you both: it proves the subtenant agreed to the terms, and it gives the subtenant proof of what they're paying for. Without a written agreement, disputes over rent, damage, or move-out dates become much harder to resolve.
Include language about what happens if the subtenant breaks the sublease early. Can they find a replacement subtenant? Do they owe you rent through the end of the sublet period? Can you keep the security deposit if they leave without notice? The clearer you are upfront, the fewer problems you'll face later.
Collect a security deposit and keep it separate
Ask the subtenant for a security deposit — typically one month's rent, though you can negotiate. This protects you if they damage the apartment or leave without paying final rent. Many states have rules about how landlords must handle security deposits, and those same rules often explore to subtenants.
Keep the security deposit in a separate account or envelope, not mixed with your own money. When the subtenant moves out, inspect the apartment for damage beyond normal wear and tear. Deduct repair costs from the deposit if needed, and return the rest within the timeframe your state requires (usually 30 to 45 days). Document any deductions in writing and give the subtenant an itemized list.
If you don't follow your state's security deposit rules, the subtenant may be able to sue you for the full deposit amount plus penalties. It's worth the small effort to do this correctly.
Screen the subtenant and verify their ability to pay
Treat the subtenant search like a landlord would. Ask for references from previous landlords or employers, run a background check if your state allows it, and verify their income — most landlords want to see that rent is no more than 30 percent of gross monthly income. You can use online screening services, though some charge a fee that the subtenant may pay.
A subtenant with a poor rental history or unstable income is a risk to you. If they don't pay, you still owe your landlord, and evicting a subtenant takes time and money. The more careful you are during screening, the less likely you'll face a problem later.
Understand your ongoing responsibilities as a sublessor
Once the subtenant moves in, you are still the tenant on the original lease. You must pay your landlord on time, even if the subtenant is late. You are responsible for maintaining the apartment and reporting repairs to your landlord. If the subtenant causes damage, your landlord will hold you accountable.
Stay in contact with the subtenant about lease rules and building policies. If they violate the sublease — by having unauthorized occupants, causing noise complaints, or damaging the unit — you have the right to enforce the sublease terms or end the sublet early, depending on what you agreed to in writing.
Keep records of all rent payments, communications, and any damage or complaints. If a dispute arises later, these records protect you.
Know the rules for ending a sublet
Your sublease should specify how much notice the subtenant must give before moving out. Standard is 30 days, matching most lease terms. When the subtenant leaves, inspect the apartment thoroughly, document any damage with photos, and return the security deposit minus legitimate deductions.
If the subtenant breaks the sublease early and you cannot find a replacement, you may be able to sue them for the remaining rent owed. However, you have a legal duty to try to find a new subtenant — you cannot straightforward collect rent from both the old subtenant and a new one. This is called "mitigation of damages," and it's required in most states.
When your original lease ends, the sublet ends too. The subtenant must move out on the lease end date, even if they want to stay longer. Make this clear in the sublease agreement.
Frequently Asked Questions
Can I sublet if my lease says no subletting?
No. If your lease forbids subletting, doing it anyway violates the lease and can result in your eviction. Your landlord can evict you even if the subtenant is paying rent and causing no problems. Always get written permission first.
What if the subtenant stops paying rent?
You still owe your landlord. You can try to collect from the subtenant using small claims court or by withholding their security deposit, but you cannot wait for that process to finish before paying your landlord. You may need to cover the shortfall yourself or evict the subtenant through your local court.
Do I need a lawyer to create a sublease?
No. You can use a template from a legal document site or your local tenant rights organization. However, if the situation is complicated — a long sublet, a high rent amount, or a subtenant who is already causing problems — consulting a lawyer for $100 to $300 can save you thousands later.
Can the subtenant sign a new lease directly with my landlord?
Only if your landlord agrees. This is called an assignment, not a subletting. It removes you from the lease entirely. Your landlord is not required to agree, and the subtenant cannot force it. If your landlord does agree, you are released from liability.
What happens to the security deposit if I move out before the sublet ends?
You are responsible for returning it to the subtenant when they move out, not when you move out. If you leave before the sublet ends, you must arrange for the deposit to be held safely and returned on schedule. This is why keeping it in a separate account matters — you can transfer it to a new account or leave it with a trusted person.