Subletting requires your landlord's written permission, a signed sublease agreement with your tenant, and compliance with your original lease terms
Subletting means you rent out your apartment to someone else while you remain responsible to your landlord. You are not selling the lease or transferring it — you are temporarily occupying a middle position between your landlord and a new tenant. Your landlord can refuse to let you sublet, can impose conditions, or can charge a fee. Many leases prohibit subletting entirely or allow it only with written consent. Before you contact a potential subtenant, read your lease carefully or call your landlord to confirm subletting is permitted.
If your lease allows subletting, you will need three documents: your landlord's written consent (often a signed form), a sublease agreement between you and the subtenant, and proof that the subtenant can pay rent. The subtenant pays you, and you pay your landlord. You remain liable if the subtenant stops paying, damages the unit, or breaks the lease. This liability does not end when the sublease ends — if your subtenant leaves the apartment trashed, your landlord can pursue you for repairs.
Key Takeaways
- Your lease may prohibit subletting or require your landlord's written permission before you can proceed.
- You remain legally responsible to your landlord for the full lease term, even if a subtenant stops paying or causes damage.
- A sublease agreement should specify the rental period, rent amount, security deposit terms, and house rules, and must be signed by both you and the subtenant.
- Your landlord can charge a subletting fee, require the subtenant to pass a background check, or refuse consent without giving a reason in most states.
- If your subtenant breaks the sublease, you cannot straightforward evict them — you must follow your state's eviction process, which typically takes 30 to 60 days.
Check your lease and get landlord permission in writing
Open your lease and search for the word "sublet" or "sublease." If the lease says subletting is prohibited, you cannot sublet without renegotiating the lease itself — and your landlord is not required to agree. If the lease says subletting is allowed with consent, contact your landlord in writing (email is sufficient) and ask for permission. Do not assume silence means yes; get a signed response.
Your landlord may ask for information about the subtenant, such as employment history, income, or references. Some landlords require the subtenant to pass a background check or credit check at the subtenant's expense. Your landlord may also charge a subletting fee, typically $100 to $500, though this varies by state and lease. In some states, landlords cannot charge a fee; in others, they can charge whatever the lease permits. Ask your landlord upfront what the fee is, if any, and whether the subtenant or you will pay it.
Once your landlord agrees, ask them to send you written confirmation. This can be a straightforward email stating they consent to subletting for a specific date range and any conditions they impose. Keep this email — you will need it to show your subtenant that the sublease is legitimate, and you may need it later if a dispute arises.
Create a sublease agreement with specific terms
A sublease is a contract between you and the subtenant. It does not replace your original lease with your landlord; it sits on top of it. The subtenant agrees to follow the rules in your lease and to pay you rent on time. You agree to let them live there for a set period. If the subtenant breaks the sublease, you have the right to pursue them for damages or unpaid rent, but you still owe your landlord the full amount.
Your sublease should include: the subtenant's full name and contact information; the rental period (start and end date); the monthly rent amount and due date; whether utilities are included or the subtenant pays them separately; the security deposit amount (if any) and when it will be returned; house rules and restrictions (no pets, no smoking, quiet hours, etc.); and what happens if the subtenant wants to leave early. It should also state that the subtenant must follow all rules in your original lease with your landlord.
Both you and the subtenant must sign and date the sublease. Each of you should keep a copy. If you collect a security deposit from the subtenant, put it in a separate account and do not spend it — you will need to return it when the sublease ends, minus any legitimate deductions for damage or unpaid rent. Some states require you to provide the subtenant with a written list of deductions within a set timeframe (usually 14 to 30 days after move-out).
Screen the subtenant and collect deposits
Before signing a sublease, verify that the subtenant can pay rent. Ask for proof of income, such as recent pay stubs or a letter from their employer. Many landlords require income to be at least 30 times the monthly rent (so for a $1,500 apartment, income should be at least $45,000 per year). You can also ask for references from previous landlords or employers. Some subtenants will agree to a background check; others will not. You have the right to decline anyone you are not comfortable with.
Collect a security deposit from the subtenant before they move in. The amount is up to you, but it should be reasonable — typically one month's rent. Some states cap the security deposit amount; others do not. Write down the condition of the apartment before the subtenant moves in (take photos or video) so you have proof of what was there before. This protects you if the subtenant damages the unit and you need to deduct from their deposit.
Do not accept cash for rent or deposits. Use a check, bank transfer, or payment app that creates a record. If the subtenant stops paying, you will need proof of what they owe and when they stopped paying. Cash leaves no trail and makes it harder to pursue them later.
Understand your liability if the subtenant breaks the sublease
If your subtenant stops paying rent, you still owe your landlord. If your subtenant damages the apartment, your landlord can hold you responsible. If your subtenant violates lease rules (excessive noise, unauthorized occupants, pets), your landlord can take action against you, not the subtenant. This is why screening matters and why a signed sublease matters — it gives you a paper trail to show you took reasonable steps and a legal basis to pursue the subtenant if they fail to pay or cause damage.
If the subtenant refuses to pay or breaks the sublease, you cannot straightforward lock them out or throw their belongings on the street. You must follow your state's eviction process, which requires you to give written notice (typically 3 to 5 days), file a case in court if they do not leave, and obtain a judgment from a judge. Only then can a sheriff or constable remove them. This process takes 30 to 60 days or longer, depending on your state. During this time, you are still paying your landlord.
Some states allow you to pursue the subtenant in small claims court for unpaid rent or damage deposits. The limit is usually $5,000 to $10,000, depending on the state. You will need to prove the debt — your sublease agreement, proof of payment (or lack thereof), and photos of damage. Even if you win, collecting the judgment can be difficult if the subtenant has no money or leaves the state.
Handle the move-out and return the security deposit
When the sublease ends, schedule a move-out inspection with the subtenant. Walk through the apartment together and document the condition. Take photos of any damage beyond normal wear and tear. Normal wear and tear includes minor scuffs on walls, faded paint, and worn carpet — you cannot deduct for these. Damage you can deduct for includes holes in walls, broken windows, stains, broken appliances, or missing items.
Calculate what you owe the subtenant from their security deposit. Deduct only for actual damage or unpaid rent, not for cleaning (unless the lease specifically says the subtenant must leave the unit professionally cleaned). Provide the subtenant with an itemized list of deductions and return any remaining deposit within the timeframe required by your state, usually 14 to 30 days. Send the refund by check or bank transfer, not cash.
After the subtenant leaves, inspect the apartment again and make any necessary repairs before your lease ends. Your landlord will inspect the unit when you move out, and you are responsible for its condition. If there is damage the subtenant caused that you did not deduct from their deposit (because you did not notice it or because the deposit was not enough), you may have to pay for repairs yourself.
Know the state and local rules that affect subletting
Subletting rules vary by state and city. Some states require landlords to consent to subletting unless the lease explicitly prohibits it. Others allow landlords to refuse consent for any reason or no reason. Some cities cap the subletting fee or require landlords to respond to subletting requests within a set timeframe. A few cities restrict subletting in rent-controlled apartments or require the subtenant to register with the city.
If you live in a rent-controlled city such as San Francisco, New York, or Los Angeles, check your city's housing authority website for subletting rules. Some rent-controlled jurisdictions allow subletting only for a limited time or at a limited price. Violating these rules can result in fines or loss of rent-control protection. If you live in a building with a homeowners association (HOA), check the HOA rules as well — some HOAs prohibit subletting or require HOA approval.
If you are unsure about your state or local rules, contact your local housing authority or tenant rights organization. Many offer free phone consultations. You can also search "[your state] subletting laws" or "[your city] subletting rules" online to find the specific rules that explore to you.
Frequently Asked Questions
Can my landlord refuse to let me sublet?
Yes, in most states. If your lease prohibits subletting or requires consent, your landlord can refuse without giving a reason. Some states require landlords to consent unless the lease explicitly prohibits subletting, but this is less common. Check your lease and your state's laws.
What if my subtenant wants to leave early?
That depends on your sublease agreement. If the agreement says the subtenant can break the lease early by paying a penalty, they can do so. If it does not, the subtenant is responsible for rent through the end date. You can pursue them for unpaid rent or try to find a replacement subtenant. Some subtenants will negotiate an early exit fee.
Do I have to return the security deposit if the subtenant leaves early?
Only if they paid a separate security deposit and did not damage the apartment. If you collected a deposit and they leave early, deduct any unpaid rent or damage, then return the rest. If they did not pay a deposit, you cannot deduct anything — you can only pursue them for unpaid rent.
Can I charge the subtenant more rent than I pay my landlord?
Yes, unless you live in a rent-controlled city that caps subletting prices. In most places, you can charge whatever the market allows. However, if you charge significantly more than your lease rent, your landlord may object or refuse to renew your lease.
What if my landlord wants to evict me because of the subtenant?
If the subtenant violates lease rules and your landlord holds you responsible, your landlord can evict you. This is why screening and a signed sublease are important — they show you took steps to prevent violations. If your landlord evicts you, you may be able to pursue the subtenant for damages, but the eviction will appear on your rental history.