Sublets
Who pays if a subtenant damages the apartment?
Updated By the Housing Rocket moderators
Short answer
As far as the landlord is concerned, the original tenant does, because the lease is theirs. The original tenant then recovers the cost from the subtenant, usually from the sublet deposit first and then by asking for the rest or filing in small claims court. Normal wear and tear is not damage.
Your landlord will inspect the unit and deduct from your deposit, or bill you, without caring who caused the damage. That is why the sublet needs its own records.
- Compare the unit to your move-in photos, and take new dated photos of the damage.
- Get a repair quote or receipt so the amount is based on actual cost, not a guess.
- Send the subtenant an itemized list with photos and costs.
- Deduct from their deposit if your sublease allows it, and return the rest with the list.
- If the damage is more than the deposit, ask for the balance in writing, then consider small claims court.
Wear and tear from ordinary living, such as light scuffs, minor carpet wear or small nail holes, is generally not chargeable. Burns, broken furniture, large stains, pet damage and holes in walls usually are.
If something breaks during the sublet that is the landlord's to fix, such as a leak or a failed appliance, the subtenant should tell you right away, and you report it to the landlord. Waiting can turn a small repair into damage someone ends up paying for.
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