Sublets
What if my subtenant won't move out when the sublet ends?
Updated By the Housing Rocket moderators
Short answer
Remind them of the end date in writing and try to agree a short, paid extension or a firm leave date. If they still refuse, you usually need to go through a formal eviction. Changing the locks or removing their belongings yourself is illegal in most states, even for a subtenant.
Most overstays happen because the subtenant's next place fell through. Before it gets to that point:
- Send a reminder a few weeks before the end date, and again a week before
- Ask about their plans and whether they need a few extra days
- If you can allow a short extension, write it down with a new end date and the daily or weekly rent
If they refuse to leave, a subtenant who has lived in the place can have tenant-like rights under state law. That usually means you must give formal written notice and, if they still stay, file for eviction in court. Shutting off utilities, changing locks or putting their things outside can expose you to legal claims.
Tell your landlord early. The landlord's lease is with you, and an occupant who will not leave may also put you in breach, especially if your own lease is ending. Some landlords can act against an unauthorized occupant directly, but rules vary.
Eviction procedures and timelines differ widely by state, so contact a local tenant organization, legal aid office or landlord-tenant attorney for the rules that apply where you live.
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