How Do I Legally Sublet My Apartment?

Need flexibility before your lease ends? Subletting allows you to legally rent out your apartment so you don’t get stuck paying for an empty space.

Life changes fast. A job move, travel plans, or a roommate leaving, the only hiccup is that you’re legally bound to a 12-month apartment lease. You may have heard of subleasing before, but you're not sure what it is, or whether it's a good option for you.

TL;DR Subletting lets another renter step in and cover your lease so you don’t get stuck paying for space you’re not using. Done legally, it can save money and stress if you follow the rules. \

A Guide to Subletting

What Is Subletting?

Subletting is when you rent out all or part of your apartment to another person (the subtenant) while your name stays on the original lease. People sublet for many reasons: from study abroad programs and relocating for work, replacing a roommate, to extended travel or short-term financial challenges.

Unlike a lease reassignment or reletting, subletting keeps you legally responsible for rent and damages but offers flexibility without paying early termination fees. In practice, the subtenant takes over day-to-day responsibilities – like paying rent and maintaining the space – while you stay on record as the primary tenant. To do it legally, you’ll need your landlord’s written approval, a signed sublease agreement, and compliance with local rental laws.

How Do I Legally Sublet My Apartment?

While it’s tempting to offer up a sublease to an acquaintance and shake on it, there are legal requirements to meet, and you’ll also need your landlord's approval. Here are nine tips for subletting legally and successfully.

1. Review your lease and local rental laws

Check if your lease has a subletting clause. Some leases ban subletting outright, while others require written approval. Local laws also matter; in cities like New York and San Francisco, you may need landlord consent or face limits on how much you can charge. If you’re unsure, ask your landlord or look up your state’s rental statutes before moving forward. Check also for any subletting or reletting fees, which landlords may charge to cover paperwork or finding a new tenant

Note: In cases including military and active duty requirements, you may be entitled to break your lease without penalty and skip subleasing altogether.

2. Notify Your Landlord and Get Written Approval

Even if subletting is allowed, you’ll need written permission. An email or certified letter should include your intent to sublet, the subtenant’s name, the proposed sublease term, and your contact information. This creates a paper trail that protects you if there are disputes later.

3. Check-In With Your Renter’s Insurance Company

Your renter's insurance may stipulate whether you are covered for damage caused by a sublet. If you're not, you should request the subletter to carry their own renter’s insurance. Otherwise, you could be liable for any damage caused during your sublease agreement.

4. Draft and Sign a Sublease Agreement

A handshake deal isn’t enough. A sublease agreement should outline the terms between you (the original tenant) and your subtenant. It doesn’t replace your original lease – you’re still responsible for it – but it protects both parties by setting clear expectations.

5. Post Your Sublet and Market It

Subletting apartments in competitive markets, like New York or San Francisco, aren't hard to find. Start by asking your own network if they know if someone is looking to take over a lease. Otherwise, post your sublet and market it through vetted apartment rental sites, social media, or even college student newspapers.

Nine Great Websites for Apartment Subleasing

• Sublet.com
• LeaseBreak.com
• Apartment List
• Airbnb
• VRBO
• Timeshare-Resale-Rental.com
• RentCollegePads.com
• Facebook
• Anyplace

6. Screen Your Subtenant Carefully

You’re still liable for rent and damages, so don’t skip vetting. Run a credit or background check, ask for references, and confirm employment. Some landlords will handle this step themselves, but if not, use an online screening service.

7. Clarify What’s Due and Utilities

Decide whether rent will be paid to you or directly to the landlord. Put it in writing to avoid confusion. Do the same with utility bills. Who’s paying for electricity, internet, and water during the sublease period? Collecting a security deposit is also advisable since it will cover you if the subtenant misses payments or damages the unit.

8. Do a Walk Through

Before finalizing the sublet agreement, do a walkthrough with your subtenant before move-in and at move-out, documenting the unit’s condition with photos and a detailed inventory list. This helps fairly allocate deposit deductions if needed.

9. Keep Everyone In The Loop

Aside from your landlord, you should keep your current roommates informed about your short-term sublet plans, as they may want someone they know to take over the lease or be part of the search for a new renter. Even if you move away temporarily, you remain the tenant on record, meaning you’re still accountable if problems arise.

Is Subletting Right for You?

Subletting may save you some money, but it’s not risk-free. Here are the main pros and cons to consider before deciding.

Benefits of Subletting

• Flexibility to move for work, travel, or a temporary relocation.
• Avoid paying lease-break penalties.
• Someone else covers rent while you’re away.
• Preserve your rental history and credit score.
• Your subtenant can help maintain the apartment while you’re away.

Risks of Subletting

• You’re still legally responsible if your subtenant doesn’t pay rent.
• Potential for property damage or conflicts with roommates.
• Landlords may be less willing to renew your lease or provide references in the future if the sublet causes issues.
• Falling prey to scams and scammers.
• If the sublet is furnished, clear rules on damage and wear-and-tear need to be specified.

Subletting is generally best suited for temporary situations. If you need out of your lease permanently, a transfer or early termination may be the better option. If you choose to sublet, protect yourself with a strong legal agreement, do a proper screening, and ensure you get your landlord’s written approval.

How to Avoid Sublet Scams

With more sublets advertised online and through social media, housing scams have become increasingly common. Protect yourself by recognizing the red flags and taking the right precautions.

Be Wary Of:

• Rent that seems far below market value.
• Listings that are vague, poorly written, or missing photos.
• Requests for money before you’ve toured or signed an agreement.
• Refusal to meet in person or provide a video walkthrough.
• An address that doesn’t appear in public property or rental records.

Stay Safe By:

• Using verified rental platforms or apps with security checks.
• Ask for ID and proof of lease from the current tenant before paying anything.
• Stick to secure payment methods; avoid wire transfers or gift cards.
• Always sign the sublease agreement and keep copies of all communication.
• Use Google's reverse image to weed out scammers using previously listed photos.

A little caution goes a long way. By staying alert to red flags and sticking to trusted platforms, you can avoid costly scams and make sure your sublet is a safe, legal arrangement.

What Should You Include in a Sublease Agreement?

Use your landlord’s template if they have one, or download a vetted digital form. If your landlord doesn’t have a standard sublease agreement template, it’s wise to ask a lawyer to review it before signing anything. Your sublease agreement should include the following:

• Names of the sublessor and subtenant
• Address of the subleased property
• Duration of the sublease agreement
• Rental amount, including due dates, late penalties, and who the tenant should pay it to
• Security deposit information
• Parking information
• Guest policies
• Noise policies
• Smoking and drinking policies
• Utility costs and payment information
• Details regarding their living space and whether or not they're sharing a bathroom, room, or common area
• A statement specifying that the rules of the master lease legally bind the subleaser
• A statement that the unit is in good condition and the subletter assumes any repairs or damages.
• Signatures of the parties involved
• The date the sublease was signed

Laying out the details clearly in writing sets you up for a smooth sublease. Still, subletting isn’t right for every renter. Here are some alternatives that might be a better fit.

What are the Alternatives to Subletting?

If subletting doesn’t feel like the right fit, you still have options.

• Short-term or month-to-month lease: Offers flexibility to move with 15-30 days’ notice, though the rent is often higher.
• Lease reassignment or transfer: Instead of subletting, you may be able to transfer the lease to a new tenant, removing your responsibility altogether.
• Early lease termination: Some landlords allow you to pay a set fee to end your lease. While it can affect credit score or make renting in the future more difficult if unpaid, the fee is sometimes less costly than the risks of subletting.

When it comes to subletting, weigh the costs and benefits carefully to find the option that best fits your situation.

Find Your Next Apartment

Now that you know how subletting works, you can decide if it’s the right move for you. If you’re ready for a fresh start, Apartment List makes it simple to compare rentals and find a place that fits your lifestyle. Take our quiz to get matched with your dream apartment.

Subletting FAQs

What is a subletting clause?

A subletting clause is a section in your lease that explains whether subletting is allowed. Some leases ban it outright, while others allow it with landlord approval. Always check this clause before making plans.

How do I know if a sublet listing is legitimate?

Look for clear photos, accurate details, and the option to tour in person or virtually. Avoid anyone who asks for money up front, refuses to provide proof of lease, or won’t meet directly.

Some signs of a subleasing scam include:

• The price of rent sounds too good to be true
• The listing is vague or contains a lot of errors
• You can't find the rental address online
• The person who made the listing asks you for money up front or before you sign the lease
• They won't allow you to tour the property

How do I ask my landlord for permission to sublet?

If your lease and local laws permit subletting, you’ll still need written approval. Start by reviewing your lease, then notify your roommates of your plans. Screen potential subtenants and draft a sublease agreement. Finally, send your landlord a written request with the subtenant’s details and sublease term, and wait for approval before signing.

What are the rules around subletting?

Subletting rules depend on your lease and local or state laws. Always check your lease first and confirm with your landlord before arranging a sublet.

What is an illegal sublease?

A sublease is illegalif it violates your lease terms or local laws, or if it’s done without your landlord’s consent. Illegal subletting can result in eviction or financial liability, so it’s essential to get approval and follow the rules.

What should I ask before agreeing to a sublease?

• Ask practical questions to confirm the sublet is legal, clear, and fits your needs:
• How long is the sublease term, and when can I move in?
• Can I extend my sublease or take over the full lease?
• Do I need to submit a notice to vacate and if so how many days in advance does it need to be received.
• What’s the rent, and does it include utilities, internet, or other fees?
• Will my rent payments go to the landlord or the original tenant?
• Is a deposit required, and who holds it?
• What happens to my deposit at the end of the sublease?
• Do I need my own renter’s insurance?
• What’s the policy on pets, smoking, and guests under the main lease?
• Who handles maintenance, repairs, and replacement of broken items?
• How is normal wear and tear on furnishings handled?
• Can I see the original lease and confirm the landlord’s approval?
• Can the landlord evict me if the original tenant breaks the lease?

Keep questions lease-related, and avoid overly personal topics that may make someone uncomfortable.

Can my landlord deny a sublet request?

Yes. If your lease bans subletting or your landlord finds your subtenant unqualified, they can deny it. If your lease allows subletting, providing a strong, well-screened candidate improves your chances.

Can I charge more than my rent when I sublet?

In most cases, no. Many states, especially those with rent control laws, prohibit charging a subtenant more than your actual rent. Always check local regulations before setting a rental price.

What happens if my subtenant doesn’t pay rent?

You remain legally responsible for rent under your original lease. If the subtenant stops paying, your landlord can hold you accountable. To protect yourself, collect a security deposit and use a clear sublease agreement.

How long can a sublet last?

It depends on your lease and local laws. Many landlords only allow sublets for the remainder of your lease term. Always match your sublease end date to your lease unless your landlord agrees otherwise.

How do I write a sublet request letter?

A sublet request letter should include your contact information, the property address, your intention to sublet, the sublease term, the subtenant’s name, and your forwarding address. Send it by email or certified mail to keep a record.

What’s the difference between subletting and lease assignment?

In a sublet, your name stays on the lease and you remain responsible while another renter lives in the unit. In a lease assignment (or transfer), the landlord approves a new tenant who takes over your lease, usually releasing you from further responsibility.

How does a reletting fee differ from subletting?

A reletting fee is different from a break lease fee and may apply if you end your lease early and the landlord has to find a new tenant. With a sublet, you stay on the lease and usually avoid reletting fees, since you’re still responsible for rent.