Sublets
Can I sublet my apartment?
Updated By the Housing Rocket moderators
Short answer
Usually only with your landlord's permission. Most leases either ban subletting or require written consent first. A few states and cities give tenants a stronger right to sublet, but you normally still have to ask. Read the subletting clause in your lease, then get approval in writing before you advertise.
Look for a clause titled "assignment and subletting" or similar. It will usually say one of three things:
- Subletting is not allowed at all.
- Subletting is allowed with the landlord's prior written consent. This is the most common.
- Nothing about subletting. In that case your state's law decides, and some states allow it by default while others do not.
Some places limit how a landlord can refuse. New York, for example, gives many tenants in larger buildings a right to request a sublet that the landlord cannot unreasonably deny. Rules like that vary a lot, and rent-regulated or subsidized housing often has stricter limits. If your lease is unclear, a local tenant organization can tell you what applies.
Student housing and managed apartment buildings often have their own sublet process with forms and fees. Ask the leasing office before you look for someone.
Even where subletting is allowed, you remain responsible to the landlord for rent and damage for the whole lease. Choose your subtenant with that in mind.
Want the whole picture? Read How to Find a Sublet or Roommate on Facebook Safely.