A sublease, or sublet, is an arrangement in which a tenant rents all or part of their rental unit to another person, called the subtenant. The original tenant stays on the lease with the landlord and remains responsible for rent and the other lease terms.
Subleases are common when a tenant needs to leave temporarily, such as for a job assignment, or when a roommate moves out and someone else moves into their room.
How it works
There are two separate agreements in a sublease:
- The master lease between the landlord and the original tenant
- The sublease between the original tenant and the subtenant
The subtenant usually pays rent to the original tenant, who pays the landlord. The sublease cannot give the subtenant more rights than the original tenant has, and it cannot run longer than the master lease.
Most leases require the tenant to get the landlord’s written consent before subletting. Some leases require the landlord to be reasonable in giving consent, while others prohibit subletting entirely.
Sublease vs assignment
- In a sublease, the original tenant keeps an interest in the lease and stays responsible.
- In an assignment, the original tenant transfers their entire remaining interest to a new tenant, who takes over the lease. Depending on the terms, the original tenant may still be liable unless the landlord releases them.
Example
A hypothetical tenant with eight months left on a lease accepts a four-month work assignment in another city. With the landlord’s written approval, they sublet the apartment to a screened subtenant for those four months at the same rent. The original tenant still owes the landlord rent each month and is responsible for any damage the subtenant causes.
Why it matters for landlords
Unapproved subtenants are a common risk because you have not screened them. Your lease agreement should state whether subletting is allowed, how to request it and what you require, such as an application and tenant screening for the subtenant. Keep written approvals on file. Subletting rules vary by state and city, so confirm them with an attorney before denying a request.
Related terms
In practice. How the term shows up day to day.
Can a landlord prohibit subleasing?
In many states, yes, if the lease says so. Some states and cities limit how landlords can refuse a sublet request, especially in rent-regulated housing, so check local law.
Who is responsible if the subtenant does not pay?
The original tenant. In a sublease, the original tenant remains responsible to the landlord for rent and lease obligations, and must collect from the subtenant themselves.