Subletting is when a tenant rents some or all of their rental unit to another person, the subtenant, for part or all of the remaining lease term. The original tenant stays on the lease and remains responsible to the landlord for rent and for the condition of the unit. The written agreement between the tenant and the subtenant is called a sublease.
Common reasons include a summer internship, a semester abroad, a work posting or simply wanting a roommate to share the cost.
How subletting works
- The tenant checks the lease for a subletting clause and asks the landlord for consent if required.
- The tenant finds a subtenant, and the landlord may screen them.
- The tenant and subtenant sign a sublease that cannot give more rights than the original lease.
- The subtenant pays the tenant, and the tenant keeps paying the landlord, unless all three agree otherwise.
- At the end, the subtenant leaves and the tenant either returns or the original lease ends.
Subletting vs assignment
| Sublet | Assignment | |
|---|---|---|
| Who stays on the lease | The original tenant | The new tenant takes over |
| Time covered | Part or all of the remaining term | All of the remaining term |
| Original tenant’s liability | Stays fully liable | May still be liable unless released |
| Who pays the landlord | Usually the original tenant | The new tenant |
What landlords can require
Within the law and the lease, landlords commonly:
- Require written consent before any sublet
- Screen the subtenant using the same criteria as any applicant
- Charge a reasonable processing fee where allowed
- Limit the length of a sublet or ban short term stays
- Require the subtenant to follow every lease rule
In some places, including some large cities, the law lets tenants in certain buildings sublet with the landlord’s consent and says that consent cannot be unreasonably withheld. Where the lease is silent, some states let tenants sublet freely. Rules for rent regulated units can be stricter.
Example
A tenant paying $1,800 a month leaves for a three month internship and sublets to a screened subtenant for the same rent. The subtenant pays the tenant, who keeps paying the landlord. In month two, the subtenant pays late. The landlord still looks to the original tenant for the full $1,800, and the late fee if rent arrives after the grace period.
Why it matters for landlords
A clear subletting clause avoids surprises such as unknown occupants or short term guests. Decide your policy, put it in the lease and handle every request the same way. In TenantLoop, a subtenant can apply through the same online application, and the original lease, ledger and messages stay on the tenant’s record. Subletting rules vary by state and city, so check local law or ask an attorney.
Related terms
In practice. How the term shows up day to day.
Is subletting legal?
Generally yes, unless the lease forbids it or requires the landlord's consent. A few places give tenants a legal right to request a sublet and limit when a landlord can refuse. Check the lease and local law.
Who is responsible if the subtenant damages the unit?
The original tenant, to the landlord. The landlord's contract is with the tenant, who can then seek repayment from the subtenant under their own agreement.
Is Airbnb hosting subletting?
Renting out a unit for short stays is often treated as subletting under the lease and may also be covered by local short term rental rules. Many leases ban it outright.