Subletting is when you rent out your apartment to someone else while you still hold the lease
When you sublet, you become the landlord to another tenant — called the subtenant — while you remain responsible to your actual landlord under your original lease. You collect rent from the subtenant, and you pay your landlord. The subtenant has no legal relationship with your landlord; their agreement is only with you. This is different from breaking your lease or transferring it, because your name stays on the original lease and you keep all the obligations that come with it.
Subletting is common when someone needs to leave an apartment temporarily — for a job in another city, a semester abroad, a medical leave — but does not want to break the lease and lose the apartment or pay an early termination fee. It can also happen when a tenant wants to move to a cheaper room in the same apartment and rent out the rest.
Key Takeaways
- You must have written permission from your landlord before subletting, because most leases forbid it or require consent.
- Your landlord can still hold you responsible if the subtenant damages the apartment, does not pay rent, or violates the lease terms.
- The subtenant has no legal claim on the apartment if you leave or if your lease ends — only you and your landlord have that relationship.
- Subletting laws vary by state and city; some places limit how much rent you can charge or require the landlord to approve the subtenant in writing.
- If your lease forbids subletting and you do it anyway, your landlord can evict you, not just the subtenant.
When you need your landlord's permission
Most residential leases either forbid subletting outright or require the landlord's written consent before you can do it. Read your lease carefully — look for language like "tenant shall not sublet" or "subletting requires landlord approval." If your lease is silent on subletting, the rules depend on your state. In many states, you have the right to sublet unless the lease explicitly forbids it. In others, you need permission regardless.
If your lease requires consent, you typically must ask in writing and provide information about the subtenant — their income, employment, credit history, or references. Your landlord can refuse consent, but in some states they cannot refuse unreasonably. What counts as "reasonable" varies: a landlord might refuse if the subtenant's income is too low or their credit is poor, but refusing because they want to keep the unit empty or because they dislike the subtenant's background may not be reasonable under state law. Check your state's landlord-tenant act or contact a local legal aid office to understand what "reasonable" means where you live.
Your liability as the person on the lease
When you sublet, you are still the tenant. If the subtenant does not pay rent, damages the apartment, makes noise complaints, or breaks lease rules, your landlord can pursue you for the breach. You are the one with the legal obligation. Your landlord does not have to sue the subtenant first or give them a chance to fix the problem — they can go straight to you.
This means you need to protect yourself by getting a written sublease agreement with the subtenant that covers rent amount, due date, utilities, house rules, and what happens if they break the agreement. You should also collect a security deposit from the subtenant (the amount varies by state, but is often equal to one month's rent) and keep it separate from your own money. If the subtenant causes damage or leaves owing rent, you can use that deposit to cover it before you pay your landlord. Without a written agreement and deposit, you have little recourse if things go wrong.
How subletting differs from lease assignment or breaking your lease
Lease assignment is when you transfer your entire lease to someone else and remove yourself completely. The new tenant takes your place, signs a new lease with the landlord, and you have no further obligation. This requires the landlord's consent, but once it happens, you are out of the picture. Subletting keeps you in the picture.
Breaking your lease means ending it early without the landlord's permission. You typically owe the landlord the remaining rent for the lease term, or at minimum a penalty fee. Some leases allow you to break early if you pay a set fee or if the landlord finds a new tenant. Subletting is not breaking the lease — you are keeping the lease alive and finding someone to live there temporarily.
Subletting can sometimes be a way to avoid breaking your lease, because you keep paying rent and the apartment is occupied. But it only works if your landlord allows it and if you can find a subtenant who will pay enough to cover your rent.
State and local rules that affect subletting
Some states and cities have laws that limit subletting or set specific rules. In New York City, for example, rent-stabilized apartments have strict subletting limits — you can usually sublet for no more than two years in a four-year period, and the subtenant's rent cannot exceed a certain percentage of your income. In California, a landlord cannot unreasonably withhold consent to sublet, and if they do, you may be able to break the lease without penalty. In Washington, D.C., subletting is allowed unless the lease forbids it, but the subtenant has some of the same protections as a regular tenant.
Before you sublet, research your state's landlord-tenant laws or contact your local housing authority or legal aid office. The rules can affect whether you can sublet at all, how much rent you can charge, and what happens if your landlord refuses consent.
What happens to the subtenant if you leave or your lease ends
The subtenant has no legal claim to stay in the apartment once your lease ends or if you decide to leave. Their tenancy exists only because of your agreement with them — they have no lease with the landlord. If your lease ends and you do not renew it, the subtenant must leave, even if they have been there for years. If you move out early, the subtenant must leave with you (unless your landlord agrees to let them stay, which would require a new lease between the landlord and the subtenant).
This is a major risk for subtenants, which is why they should always get a written sublease that clearly states when the arrangement ends and what happens if you leave early. Some subtenants ask for a clause that allows them to stay if the landlord agrees, but that requires the landlord's cooperation and is not automatic.
How to sublet legally and protect yourself
Start by reading your lease and asking your landlord in writing whether subletting is allowed. If it requires consent, provide the information they ask for and wait for written approval before you sign anything with a subtenant. Once you have approval, create a written sublease agreement that covers the rent amount, due date, lease start and end dates, utilities, security deposit amount, house rules, and what happens if the subtenant breaks the agreement or leaves early.
Collect a security deposit from the subtenant and keep it in a separate account — do not mix it with your own money. Many states require landlords to hold security deposits separately and return them with interest; some of those rules explore to subtenants too, depending on the state. Document the apartment's condition with photos before the subtenant moves in, and keep copies of all communications about rent and repairs. If the subtenant damages the apartment or owes rent when they leave, you will have evidence to support a claim against their deposit.
Frequently Asked Questions
Can my landlord evict me if I sublet without permission?
Yes. If your lease forbids subletting or requires consent and you sublet anyway, your landlord can evict you for breaking the lease. The eviction would be against you, not the subtenant, because you are the one who violated the lease terms. The subtenant would have to leave as a result of your eviction.
What if my landlord says no to subletting?
If your lease requires consent and your landlord refuses, you cannot legally sublet. In some states, you may be able to break the lease without penalty if the landlord's refusal is unreasonable, but that requires proving unreasonableness in court. Your other option is to negotiate with your landlord — offer to pay a higher rent, provide additional information about the subtenant, or agree to a shorter sublet period.
Can I charge the subtenant more rent than I pay?
In most places, yes — the difference is yours to keep. However, some cities with rent control or rent-stabilized housing limit how much you can charge. New York City, for example, caps sublet rent at a percentage of your income. Check your local housing laws before setting the rent.
What if the subtenant stops paying rent?
You are still responsible to your landlord. You will need to pursue the subtenant for the money — through small claims court, by withholding their security deposit, or by ending the sublease and evicting them (which requires following your state's eviction process). Meanwhile, you must pay your landlord on time or risk eviction yourself.
Do I need a written sublease agreement?
Yes. A written agreement protects both you and the subtenant by making clear what is expected. Without it, you have little recourse if the subtenant does not pay, damages the apartment, or refuses to leave. The agreement should cover rent, due date, utilities, security deposit, house rules, and the end date of the sublet.