Subletting
Clause Explained

Tenants in buildings with 4+ units have a statutory right to sublet. Landlord can only deny for reasonable grounds. Cannot charge unreasonable fees.

If the lease is silent on subletting, tenants can sublet. Landlords who require consent must not unreasonably withhold it. Transfer fees may be limited.

No statutory subletting rights. Lease terms control. Most Texas leases prohibit subletting without written consent.

No statutory right to sublet. Lease provisions generally control. Landlords can prohibit subletting entirely.

Landlords must act reasonably when consent is required. Chicago RLTO provides additional tenant protections for subletting.

If the lease requires consent, the landlord must not unreasonably withhold it. No right to sublet if the lease is silent.

No specific subletting statute. Lease terms generally control. Courts may review reasonableness of restrictions.

Landlords who require consent must not unreasonably withhold it. Subletting fees must be limited to actual costs.

Landlord consent may not be unreasonably withheld. Subletting fees limited to reasonable administrative costs.

No statutory subletting protections. Lease terms control entirely. Landlords can prohibit subletting.

No specific subletting statute at state level. Lease terms generally control. Philadelphia may have additional rules.

No statutory subletting rights. Lease terms control. Landlord consent provisions must be followed exactly.

Lease terms control subletting rights. No statutory right to sublet. Landlord may freely restrict.

No statutory subletting protections beyond general contract law. Lease terms control. Common to require written consent.

No specific subletting statute. Lease terms generally govern. Restrictions are enforceable as written.

What's the difference between subletting and assignment?

Subletting means you rent your unit to someone else but remain on the original lease — you're still responsible if the subtenant doesn't pay. Assignment means you transfer the entire lease to someone new, and you typically have no further obligations (though some leases keep you liable as a guarantor).

Can my landlord charge a subletting fee?

In many states, yes — but it must be reasonable. Some states limit fees to the landlord's actual administrative costs (credit checks, paperwork). Fees exceeding one month's rent are often considered unreasonable. Check your state law and challenge excessive fees.

What if I sublet without permission?

If your lease prohibits unauthorized subletting, you could face lease termination, eviction proceedings, financial penalties, or loss of your security deposit. The sublessee may also be treated as an unauthorized occupant. Always get written approval first.

Can my landlord refuse to let me sublet?

It depends on your state and lease. In states like New York and California, landlords who require consent must not unreasonably deny it. Reasonable denials include poor credit, criminal history, or income insufficiency of the proposed subtenant. Unreasonable denials (like simply wanting to raise rent) may be challengeable.

Does subletting affect my security deposit?

Usually, you remain responsible for the security deposit since you're still on the original lease. Any damage caused by the subtenant is your responsibility. It's wise to collect your own deposit from the subtenant and document the unit's condition before they move in.