Sublets

Sublets, or subletting, is an arrangement in which a tenant rents all or part of a rental unit to another person while maintaining a lease with the property owner. In a sublet, the original tenant (the sublessor) remains responsible to the landlord for rent and compliance with the lease, while the subtenant pays rent to the sublessor. This differs from an assignment, where the new occupant takes on the landlord’s direct contractual duties and the original tenant is released.

Most leases require the landlord’s written consent to sublet. Some leases prohibit subletting or impose conditions for approval. In many jurisdictions, landlords may not unreasonably withhold consent, and there are rules about notice and subtenant screening. Unauthorized subletting can be grounds for eviction or lease termination.

To arrange a sublet, the tenant should review the lease, obtain written consent from the landlord, and draft a sublease agreement that specifies terms such as duration, rent, utilities, and responsibilities. The sublessor typically handles rent collection and may collect a security deposit from the subtenant, subject to local laws and the terms of the original lease. The sublessor remains liable to the landlord for timely rent and lease compliance, and the subtenant’s conduct can affect the original tenant’s tenancy.

Key terms commonly included in a sublease cover rent amount and due date, sublease period, permitted occupancy, utilities, maintenance, access for repairs, pets, smoking, house rules, and a move-in/move-out condition checklist.

Subletting can help a tenant bridge a temporary absence or reduce costs, but it introduces additional liability and coordination requirements. Unauthorized sublets pose eviction risk and legal complications.