Sublets
What rights do I have as a subtenant?
Updated By the Housing Rocket moderators
Short answer
Your rights come mainly from your sublease with the original tenant, and they can never be greater than that tenant's rights under the main lease. You generally have the right to live there for the agreed dates, get repairs passed on to the landlord, and get your deposit back minus lawful deductions. Some states add further protections.
Because your agreement is with the tenant, not the landlord, a few things can catch subtenants out:
- If the main lease ends or the tenant is evicted, your sublet usually ends too, even if your sublease runs longer.
- If the landlord never approved the sublet, the landlord may be able to ask you to leave.
- Repair requests generally go through the tenant, who passes them on.
- Your deposit is held by the tenant, not the landlord, so you collect it from them.
Many states still treat a subtenant who lives in a place as having basic protections, such as not being locked out without a court process. Housing codes on safety and habitability protect whoever lives in the unit.
To protect yourself, get a signed sublease, confirm the landlord has approved it, pay with a traceable method, and keep records of payments and messages. Ask the tenant when their own lease ends, so your end date is not after theirs. If a dispute arises, a local tenant organization can tell you what your state provides.
Want the whole picture? Read How to Find a Sublet or Roommate on Facebook Safely.