Subletting requires your landlord's written permission, and you remain legally responsible for the subtenant

A sublet means you rent out your apartment (or part of it) to someone else while you keep your lease with the landlord. You become the middleman — the original landlord still looks to you for rent, and you collect rent from the subtenant. This is different from breaking your lease or transferring it to someone else. The subtenant has no direct legal relationship with your landlord.

Most leases require you to ask your landlord's permission before subletting. Some leases forbid it entirely. Even if your lease is silent on subletting, many states treat it as something a landlord can reasonably refuse. You need written permission — a text or email counts — before you advertise or sign anything with a subtenant. If you sublet without permission and your landlord finds out, they can evict you for breaking the lease.

The key risk: you stay on the hook. If your subtenant stops paying rent, damages the apartment, or breaks the lease, your landlord can pursue you. You cannot straightforward walk away because someone else is living there.

Key Takeaways

  • You must get written permission from your landlord before subletting, even if your lease does not mention it.
  • You remain legally responsible to your landlord for the full rent and any lease violations, regardless of what your subtenant does.
  • A sublet agreement with your subtenant should cover rent amount, move-out date, utilities, and house rules, and should be signed by both of you.
  • Your subtenant typically has fewer legal protections than a tenant with a direct lease, which varies significantly by state and local law.
  • If your subtenant does not pay or damages the apartment, you will need to handle the problem yourself — your landlord will hold you responsible.

Getting permission from your landlord

Read your lease first. Look for language about subletting, assignment, or "occupancy by other parties." If it says subletting is prohibited, you cannot sublet legally. If it says subletting requires consent, you must ask. If it says nothing, you should still ask — most states allow landlords to refuse unreasonable subletting requests, and getting permission in writing protects you both.

Contact your landlord in writing — email works. Explain who the subtenant is, how long the sublet will last, and the rent amount. Include the subtenant's name and contact information if you have it. Your landlord may ask for references, proof of income, or a background check on the subtenant, just as they would for a new tenant. Give them a reasonable important date to respond, usually 10 to 14 days.

Keep the permission email or letter. If your landlord agrees, ask them to confirm in writing that they consent to the sublet and for how long. If they refuse, you cannot legally sublet. Some landlords refuse because they want to control who lives in the building or because they prefer to re-rent the unit themselves.

Creating a sublet agreement with your tenant

Once you have landlord permission, write a sublet agreement between you and the subtenant. This is a separate contract from your lease with the landlord. It should include the subtenant's name, the apartment address, the sublet start and end dates, the monthly rent amount, and the due date. It should also state that the subtenant must follow all rules in your original lease and must not damage the apartment.

Cover utilities: specify which ones you pay and which the subtenant pays, or state that utilities are included in the rent. Clarify the security deposit — many sublets include a deposit held by you, returned when the subtenant moves out and the apartment is undamaged. State what happens if the subtenant breaks the agreement early (usually they forfeit the deposit or owe rent through the agreed end date).

Both you and the subtenant should sign and date the agreement. Each of you should keep a copy. This agreement does not override your lease with the landlord, but it creates a record of what you and the subtenant agreed to. If the subtenant stops paying or causes damage, you have written proof of the terms.

What happens if your subtenant does not pay or breaks the lease

You are responsible for collecting rent from your subtenant and paying your landlord on time. If the subtenant does not pay you, you cannot straightforward stop paying your landlord. You must pay your landlord the full rent yourself, then pursue the subtenant for the money owed.

If the subtenant damages the apartment beyond normal wear, you can use their security deposit to cover repairs. If the damage exceeds the deposit, you can sue the subtenant in small claims court for the difference. You will need photos of the damage and repair estimates or invoices.

If the subtenant refuses to leave on the agreed move-out date, you will need to follow your state's eviction process. This is slower and more expensive than it sounds — you typically must give written notice, wait a set period (often 30 days), file in court, and obtain a judgment before a sheriff can remove them. During this time, you are still paying your landlord. Some states allow you to evict a subtenant faster than a regular tenant, but it is never when ready.

Subtenant rights and protections vary by location

A subtenant's legal rights depend on your state and local laws. In some places, a subtenant is treated almost like a regular tenant and has the right to a habitable apartment, notice before entry, and protection against retaliation. In others, a subtenant has fewer protections because they are renting from you, not the landlord.

New York City, for example, limits how much rent you can charge a subtenant — it cannot exceed your rent plus a small broker fee. California treats subtenants more like regular tenants in some contexts. Other states have minimal subtenant protections. Before you advertise, research your state and city rules or ask your local housing authority what rights a subtenant has in your area.

This matters because if a subtenant claims you violated their rights — say, you entered without notice or failed to maintain heat — they may have legal recourse. You could face a complaint to your local housing authority or a small claims lawsuit. The subtenant might also withhold rent, which leaves you unable to pay your landlord.

How long a sublet can last

A sublet cannot extend beyond your lease end date. If your lease ends in June, your sublet must end by June. You cannot sublet for longer than you have the right to occupy the apartment.

Some leases limit how long you can sublet — for example, "no more than 12 months" or "no more than one year per lease term." Check your lease. If it does not specify, you can usually sublet for the remainder of your lease, but confirm this with your landlord when you ask permission.

If you want to sublet for a short period — say, three months while you are away — that is usually easier to get approved than a long-term sublet. Landlords often worry less about temporary arrangements.

Subletting part of your apartment versus the whole apartment

You can sublet a single room and keep living in the apartment, or you can sublet the entire apartment and move out. The rules are the same either way — you need landlord permission and remain responsible for the lease.

If you sublet a room and stay, you are responsible for enforcing house rules and collecting rent from your roommate. If the roommate damages common areas or does not pay, you still owe your landlord the full rent. If you sublet the whole apartment and move out, you have no control over what happens inside, but you are still liable if anything goes wrong.

Some landlords are more comfortable with room sublets because you are present to manage the space. Others prefer you to move out entirely. Ask your landlord which arrangement they prefer when you request permission.

Frequently Asked Questions

Can my landlord refuse to let me sublet?

Yes. If your lease forbids subletting, your landlord can refuse. Even if your lease is silent, most states allow landlords to refuse subletting requests if they have a reasonable business reason. Some landlords straightforward prefer to control occupancy or re-rent the unit themselves. If they refuse, you cannot legally sublet.

What if I sublet without asking my landlord?

Your landlord can evict you for violating the lease. If they discover the sublet, they can serve you with notice to cure (stop subletting) or quit (move out). If you do not comply, they can file for eviction in court. Even if you think they will not find out, the risk is not worth it.

Am I responsible if my subtenant gets injured in the apartment?

Possibly. Your landlord's insurance typically covers the building structure, not injuries to occupants. Your subtenant might sue you if they are injured due to a hazard you knew about and did not fix. You should have renter's insurance that covers liability. Ask your insurance company whether subletting affects your coverage.

Can I charge my subtenant more rent than I pay my landlord?

In most places, yes — the difference is your profit. However, some cities, including New York City, cap how much more you can charge. Check your local rent control or subletting laws. Even where it is legal, charging significantly more than your rent may attract scrutiny from your landlord or local housing authorities.

What if my subtenant wants to break the sublet early?

That depends on your sublet agreement. If the agreement says they owe rent through the end date, they owe it. If it allows early termination with notice, they can leave but may forfeit the security deposit. You are still responsible to your landlord for the full rent, so if the subtenant leaves early, you must either find a replacement subtenant or pay the rent yourself.