Quick answer
It depends on your lease. Many leases prohibit subleasing or require the landlord's written consent. Even if your lease is silent on subleasing, state law varies—some states give tenants a right to sublease unless the lease specifically prohibits it, while others default to prohibiting it.
Subleasing (or subletting) means you rent out your apartment to another person (the sublessee) while your lease remains in effect. You stay on the lease as the primary tenant and are still responsible for rent and the condition of the unit. The sublessee pays you, and you pay your landlord.
Most leases address subleasing directly. Common variations include: complete prohibition on subleasing, subleasing allowed only with landlord's prior written consent, subleasing allowed with consent that "shall not be unreasonably withheld," and no mention of subleasing at all.
In many states, if your lease requires landlord consent for subleasing, the landlord can set reasonable conditions—like requiring the sublessee to pass a credit check or sign an agreement. However, some states say consent cannot be "unreasonably withheld," meaning the landlord needs a legitimate reason to say no.
If you sublease without permission when your lease requires it, you may be in violation of your lease. This could give your landlord grounds to evict you or charge you damages. It's almost always better to ask for permission, even if you think the answer will be no.
An assignment transfers your entire lease to someone else—you're completely off the hook. A sublease keeps you on the lease while someone else lives there temporarily. These have different legal implications, and your lease may treat them differently. Review your specific terms carefully.
Can I break my lease early without penalty?
It depends on your situation and state law. You may be able to break your lease penalty-free if your landlord has violated the lease, the unit is uninhabitable, you're a victim of domestic violence, or you're an active-duty military member receiving orders.
What is a lease early termination fee and is it enforceable?
An early termination fee is a charge specified in your lease for ending the agreement before it expires, typically 1–3 months' rent. It's generally enforceable if the amount is reasonable, but excessive fees may be challenged as an unenforceable penalty.
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