What a sublease is and whether your lease allows it
A sublease means you rent your apartment to someone else while you remain the tenant on the original lease with your landlord. You become the landlord to your subtenant, they pay you rent, and you pay the landlord. The subtenant has no direct relationship with your landlord — only with you.
Before you do anything else, read your lease. Most leases either forbid subletting entirely, require written permission from the landlord, or allow it under specific conditions. If your lease says "no subletting," you cannot legally sublease without the landlord's written consent, even if you find a subtenant. Violating this can result in eviction.
If your lease requires permission, contact your landlord in writing — email is fine — and ask. Some landlords say yes when ready. Others ask to screen the subtenant first, much like they would screen a new tenant. A few say no. Getting permission in writing protects both you and your subtenant.
Key Takeaways
- Check your lease first: many forbid subletting, some require landlord permission, and a few allow it freely.
- Get written permission from your landlord before advertising or signing a sublease agreement, even if you think it is allowed.
- You remain responsible to your landlord for the full rent and lease terms, regardless of what your subtenant pays or does.
- A written sublease agreement protects you by setting the subtenant's rent, move-out date, and house rules in advance.
- Screen your subtenant the same way a landlord would: income verification, references, and a background check if possible.
Finding and screening a subtenant
List your apartment on Craigslist, Facebook Marketplace, Nextdoor, or a dedicated subletting site like Sublet.com or SpareRoom. Include the lease end date, monthly rent, move-in date, and whether utilities are included. Be clear about what is negotiable and what is not.
When someone expresses interest, ask for proof of income — recent pay stubs or a letter from an employer — to confirm they can afford the rent. Request references from a previous landlord or roommate. If possible, run a background check through a service like Checkr or Zillow; some charge $20 to $50 and give you a report in hours. Meet the person in person or via video call before committing.
Trust your instinct. If someone seems unreliable, evasive about income, or unwilling to provide references, move on. A bad subtenant can damage your apartment, stop paying rent, or refuse to leave — and you will be the one your landlord holds accountable.
The sublease agreement: what to include in writing
A sublease agreement is a contract between you and your subtenant. It protects both of you by spelling out expectations in advance. You can find templates online through sites like Rocket Lawyer or LawDepot, or write one yourself. At minimum, include:
- Names and contact information for you and the subtenant.
- The apartment address and which rooms or spaces the subtenant can use.
- The monthly rent amount and when it is due.
- The move-in date and move-out date (which must be before or on your lease end date).
- Whether utilities, internet, parking, or other services are included in rent or paid separately.
- The security deposit amount (if any) and when it will be returned.
- House rules: quiet hours, guests, smoking, pets, cleaning responsibilities.
- What happens if the subtenant breaks the agreement early.
- A statement that the subtenant must comply with your lease terms and building rules.
Both you and the subtenant should sign and date the agreement. Keep a copy for yourself. This document is your only legal protection if the subtenant stops paying, damages the apartment, or refuses to leave on time.
Money: rent, deposits, and what you owe your landlord
You can charge your subtenant the same rent you pay your landlord, less than that, or more — that is between you and them. However, you remain legally responsible to your landlord for the full lease rent, no matter what your subtenant pays you. If your subtenant pays $800 and your lease is $1,000, you owe your landlord $1,000.
Collect a security deposit from your subtenant if you want one. The amount is up to you, though many subleases use the same deposit as the original lease. Keep this money separate from your own funds — do not spend it. When the subtenant moves out, inspect the apartment for damage beyond normal wear and tear, deduct repair costs if necessary, and return the remainder within the timeframe your state requires (usually 30 days).
Set up a system to collect rent on time. Many subleases require rent on the first of the month, paid to you directly via Venmo, bank transfer, or check. Document every payment. If your subtenant stops paying, you have a written record to show your landlord and to use if you need to evict them.
Your liability and what happens if things go wrong
You are the landlord to your subtenant, which means you have legal responsibilities. If they are injured in the apartment due to a maintenance issue you knew about and did not fix, they could hold you liable. If they damage the apartment, you are responsible to your landlord for repairs. If they do not pay rent, you must either collect from them or pay your landlord yourself.
If a subtenant refuses to leave after the move-out date, you may need to file for eviction in small claims or housing court. This is expensive, time-consuming, and varies by state. Having a written sublease agreement makes the process clearer, but it is still your burden to pursue.
Check whether your renter's insurance covers subletting. Some policies do not, and you may need to add a rider or switch policies. Your landlord's insurance does not cover your subtenant's belongings, so they should have their own renter's insurance.
When your lease ends: what happens to the sublease
Your sublease must end on or before your lease ends. You cannot extend a sublease beyond your own lease term — the apartment is no longer yours after that date. Make this clear in the sublease agreement and remind your subtenant several months before the end date.
When your lease ends, your subtenant must move out. If they do not, your landlord can hold you responsible for their continued occupancy. If you are renewing your lease and want the subtenant to stay, you have two options: ask your landlord to add them to a new lease as a roommate, or end the sublease and have them sign a new lease directly with the landlord.
Frequently Asked Questions
Can my landlord evict me if my subtenant breaks the lease?
Your landlord can evict you if your subtenant damages the apartment or if you fail to pay rent — even if the subtenant is the one who caused the problem. You are responsible for your subtenant's actions under your lease. This is why screening and a written agreement matter.
What if my subtenant wants to leave early?
That depends on your sublease agreement. If it says they can break the lease with 30 days' notice and a penalty, they can do that. If it says they are locked in until the end date, they cannot leave without your permission — though you may choose to release them to avoid conflict. Document any early departure in writing.
Do I need a lawyer to write a sublease agreement?
No. Templates from Rocket Lawyer, LawDepot, or your state bar association are usually sufficient for a straightforward sublease. A lawyer is worth considering only if your lease is complex, your subtenant is a business, or you expect problems.
Can I sublease if I am renting from a property management company?
Yes, but the process is the same: check your lease and ask for written permission. Property management companies often have a formal subletting request form. Some charge a fee to review and approve a subtenant.
What if my subtenant damages the apartment?
Document the damage with photos and get repair estimates. Deduct the cost from their security deposit if you have one. If the damage exceeds the deposit, you can pursue them in small claims court, though collecting is often difficult. Report the damage to your landlord in writing to protect yourself.