Subletting (or subleasing) occurs when a tenant temporarily rents all or part of their rental unit to another person (the subtenant) while retaining their own lease with the landlord. The original tenant remains responsible to the landlord for rent and lease compliance; the subtenant's agreement is with the original tenant.
In short
Subletting (or subleasing) occurs when a tenant temporarily rents all or part of their rental unit to another person (the subtenant) while retaining their own lease with the landlord. The original tenant remains responsible to the landlord for rent and lease compliance; the subtenant's agreement is with the original tenant.
Subletting can provide flexibility when you need to leave temporarily—for travel, work, or school—but doing it without permission or in violation of your lease can lead to eviction and liability. Understanding the rules protects both tenants and landlords.
Many leases prohibit or restrict subletting—check your lease first
Some states limit a landlord's ability to unreasonably withhold consent to sublet
You remain liable for rent and damages if your subtenant fails to pay or causes harm
Subletting without permission is a lease violation and can result in eviction
Put subletting terms in writing: duration, rent, and responsibilities
Landlords may require application or approval of the subtenant
It depends on your lease and state law. If your lease says 'no subletting,' the landlord can refuse. In some states (e.g., New York, California in certain situations), landlords cannot unreasonably withhold consent. Check your lease and local laws.
Yes. Your lease with the landlord is unchanged. You are still obligated to pay rent. If the subtenant doesn't pay you, you must still pay the landlord and can pursue the subtenant separately.
In a sublet, you temporarily transfer possession and return later; you remain the tenant. In an assignment, you transfer your entire lease to someone else and typically are released from future liability (if the landlord agrees).
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