Subletting

Subletting is the act of a tenant leasing all or part of a rental unit to another person for a portion of the original lease term. The person who sublets is the sublessor; the person who rents from them is the sublessee or subtenant. Subletting differs from an assignment because the original tenant typically remains responsible to the landlord for rent and lease obligations.

Most leases address subletting. Some prohibit it; others permit it with landlord consent. Landlords may require consent to be given or withheld only for legitimate reasons, and the exact process and timeline vary by jurisdiction and lease terms.

Liability and deposits: The sublessor generally remains liable to the landlord for rent and compliance with the lease. The sublessee pays rent to the sublessor and may provide a security deposit to the sublessor, who must handle deposits in accordance with the lease and local law.

Rights and duties: The sublessor must not permit occupancy beyond what the lease allows and must respect the landlord’s right to access the unit with proper notice. The sublessee must comply with the original lease, building rules, and the sublease terms.

Drafting a sublease: The agreement should identify the parties, the premises, the term, the rent, utilities, security deposit, maintenance responsibilities, occupancy limits, and how notices are served. It should state whether the landlord’s consent was obtained and any conditions tied to that consent. Local laws apply; consult legal counsel if needed.