Sublets
What happens if my subtenant doesn't pay rent?
Updated By the Housing Rocket moderators
Short answer
You still owe your landlord the full rent, so pay it on time to protect your own record and lease, then pursue the subtenant. Remind them in writing, use the deposit if the sublease allows it, and if they still do not pay, recover the money through small claims court or, if needed, an eviction.
Your landlord's agreement is with you. The landlord can charge you late fees or start proceedings against you, not the subtenant, if rent is short. That is why collecting upfront matters more in a sublet than in a regular lease.
- Send a written reminder the day rent is late, with the amount and the sublease clause.
- Ask what is going on. A few days' delay with a real reason is different from silence.
- Pay the landlord yourself if you can, and keep proof.
- If the sublease allows, apply the security deposit to unpaid rent at the end.
- For larger amounts, file in small claims court with your sublease, messages and payment records.
- If they will not pay or leave, you may need a formal eviction. Do not change the locks or remove their things.
The best protection is structure at the start: first month and a deposit before move-in, or for short sublets, the whole amount upfront. Collect through a traceable method once the sublease is signed.
Eviction rules vary by state, and in some places a subtenant who has stayed long enough gets tenant protections. A local tenant organization or legal aid office can explain what applies.
Want the whole picture? Read How to Find a Sublet or Roommate on Facebook Safely.