Last Updated: October 16, 2026
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. Whether you can sublet depends first on your lease, which usually requires your landlord's written permission, and second on local law, which in some places gives you the right to ask and limits when a landlord can say no.
Before you make plans to sublet, review your lease, get written approval from your landlord, and find a reliable subtenant.
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.
When you sublet, you’re still legally responsible for rent and damages. 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. This is different from a lease assignment, which transfers the lease to another tenant, but you may remain liable unless your landlord expressly releases you.
Subletting works best when you plan to return after a temporary absence. For example, you might sublet for a summer internship in another city or while spending several months abroad. Your subtenant pays rent during the agreed-upon period, and you move back in when the sublease ends.
Confirm the arrangement is permitted before you advertise your apartment or accept payment. Then set clear expectations with your subtenant and plan for what happens if something goes wrong.
Yes, when your lease allows it or local law gives you the right to ask, and you have your landlord's written consent. Check your lease alongside state and local law, which may override lease restrictions.
Your lease comes first. Look for a subletting clause in your lease agreement. Some leases prohibit subletting. Others allow it with written landlord consent.
Local law comes second. A few places give tenants a statutory right to request a sublet that the landlord cannot unreasonably refuse. Most places do not, so your lease controls.
Written landlord approval is the norm. Even if your lease appears to allow subletting, ask your landlord for written permission before moving forward. Keep a copy of your request and any response. An informal conversation can help, but only written approval gives you a record of what was agreed.
New York gives the clearest statutory right. Under New York Real Property Law § 226-b, a tenant with an existing lease in a building with four or more residential units may sublet with the landlord's advance written consent, and the landlord cannot unreasonably withhold it.
Rent-regulated apartments in New York carry extra requirements. If you live in a rent-stabilized apartment, read the NYC Rent Guidelines Board subletting FAQ before making plans.
New York's rules do not apply in other states or cities. Check your own jurisdiction before relying on a particular rule or deadline.
What if your lease says nothing about subletting? Ask your landlord in writing anyway. A silent lease does not give you permission to sublet, and local law may still apply. Get an answer before you advertise the apartment, sign an agreement, or accept money from a prospective subtenant.
Subletting, lease assignment, and reletting each handle a lease when your plans change. Choose based on whether you are returning, how much responsibility you want to keep, and what your landlord allows.
| Arrangement | Who stays responsible for rent? | Who does the landlord approve? | Does a fee apply? |
|---|---|---|---|
| Subletting | You. You stay responsible under your original lease, even when the subtenant pays you. | The proposed subtenant, when your lease or local law requires approval. | A subletting fee may apply if your lease and local law permit it. |
| Lease assignment | The new tenant takes over the lease, which can release you from future obligations once the assignment is complete. You may remain liable unless your landlord expressly releases you. | The incoming tenant, subject to your lease and local law. | Fees or other conditions may apply under your lease and local law. |
| Reletting | The landlord signs a replacement tenant, and you generally stop owing rent for the period that tenant covers. You may still owe a reletting fee or earlier unpaid rent. | The landlord chooses and approves the replacement renter for a new tenancy. | A reletting fee may apply under your lease and local law. |
Sublet if you expect to return and want to keep your original lease. Assign your lease if you are leaving permanently and want to transfer your obligations to someone else. Consider reletting when you are ending your tenancy early, and the landlord finds a replacement renter.
If you want to leave permanently, review your options for breaking a lease without a penalty before committing to a sublet.
Follow these nine steps to protect yourself and your apartment.
Read your lease for a subletting clause. It tells you whether subletting is permitted, whether your landlord must approve, and whether fees or restrictions apply.
Then check your state and local rental laws. Some places give tenants a right to request a sublet, and others limit the arrangement. Do not assume another city's rules apply to your apartment.
If a provision is unclear, ask your landlord to explain it in writing. A local tenant-rights organization or housing attorney can also help.
Check whether you can end your lease early without subletting. The federal Servicemembers Civil Relief Act, for example, lets qualifying service members end a residential lease early in certain situations, such as a permanent change of station or a long deployment.
Even if subletting is allowed, you'll need written permission. An email or certified letter should include the proposed subtenant's name, the requested sublease dates, your contact information during the sublet, and any other information your lease or local law requires.
If your jurisdiction sets a submission method or deadline, follow it. Wait for approval before anyone moves in. Keep copies of your request, your landlord's response, and any supporting documents. If your landlord denies the request, review the reason and your local legal protections before you proceed.
Your renters insurance policy may limit or exclude coverage during a sublet. Ask your insurer whether the policy covers damage, theft, or liability while someone else occupies your apartment.
If it does not, ask what options exist. Your lease, your insurer, and local law may also call for your subtenant to carry their own policy. Compare renters insurance options before the sublease begins. Staying on the original lease does not extend your coverage to another person.
Put the deal in writing. A sublease agreement sets the terms between you (the original tenant) and your subtenant. It sits beneath your original lease, and you stay responsible for that lease.
Write down the rent, payment schedule, sublease dates, security deposit terms, utility responsibilities, and rules for using the apartment. State what happens if the subtenant pays late, damages the property, or wants to leave early.
Make sure the agreement matches your original lease and local law. Both of you should review and sign it before move-in. Keep a signed copy, and give the subtenant any lease provisions and building rules they must follow.
Finding a subtenant can take time, especially in a competitive rental market. Start by asking friends, coworkers, and your network. You can also advertise through reputable rental platforms, local community groups, or college housing boards.
If you want to see the search from the other side, read our guide to finding a summer sublet.
Your listing should state the rent, available dates, location, included utilities, and any restrictions. Describe the apartment's condition and the sublease terms accurately. Confirm your landlord permits the arrangement before you accept applications or promise anyone the apartment.
You remain responsible for your lease, so choose carefully. Ask prospective subtenants about their intended stay, their ability to pay rent, and references from previous landlords.
With the applicant's consent and in compliance with applicable law, you can run credit or background screening. Follow fair housing requirements and apply the same screening criteria to every applicant.
Confirm the subtenant understands the rent, payment deadlines, apartment rules, and end date. If your landlord requires its own screening or approval, make sure the applicant completes it. Keep records of the screening and approval process.
Before signing, agree on how rent is paid and who covers utilities. Decide whether the subtenant pays you or the landlord directly, and confirm the payment method, due date, and process for late payments.
Do the same for electricity, gas, water, internet, and other recurring bills. Specify which costs are included in the rent and which are billed separately.
You can collect a security deposit where local law permits it. Put the amount, how it is held, and the conditions for deductions and return in writing. Deposit limits and handling rules vary by location.
Document the apartment's condition before your subtenant moves in. Walk through together, take dated photos, and note existing damage or maintenance issues. If the apartment is furnished, record the condition of the furniture and appliances.
Repeat the process when the sublease ends, and compare the move-out condition with your original records to identify damage beyond normal wear and tear.
Keep the photos and inventory with your signed agreement. They help settle any dispute over repairs or the security deposit.
Tell your roommates about your plans and agree on shared spaces, household expenses, and guests. If your lease requires approval from other tenants or sets rules for adding occupants, follow them.
Give your subtenant building access instructions, maintenance procedures, and building rules, and make sure they can reach you while you're away.
Keep your landlord informed as your lease and local law require. You remain the primary tenant on record and stay accountable for your lease while you live elsewhere.
Ask in writing. State the sublease dates, the subtenant's name, and your contact details, then request a written decision by a specific date. A written request creates a record of what you asked and when.
Check your lease and local law first, since some places require a specific delivery method, supporting documents, or deadlines. In New York, send the request by certified mail, return receipt requested.
Adapt this sample letter to your situation:
Subject: Request for Permission to Sublet [Apartment Address]
Dear [Landlord or Property Manager's Name],
I'm writing to request written permission to sublet my apartment at [full apartment address]. My current lease runs from [lease start date] through [lease end date]. I'm requesting permission to sublet the apartment from [proposed sublease start date] through [proposed sublease end date]. The reason for the sublet is [brief reason, such as a temporary work assignment].
The proposed subtenant is [full name of proposed subtenant], whose business and permanent home addresses are [addresses]. A copy of the proposed sublease is attached [and a copy of my lease, if available], and will be acknowledged by both myself and the subtenant as a true copy. [If applicable: Written consent from my co-tenant or guarantor, [name], is also attached.]
During the sublease period, I can be reached at [temporary mailing address], [email address], or [phone number].
Please send written confirmation of your decision by [requested response date]. Let me know if you need additional documentation.
Thank you for your time and consideration.
Sincerely, [Your full name]
Keep a copy of the letter and any response. If your state or city requires a particular delivery method, such as certified mail, use it and keep proof of delivery. The sample is a starting point, so add any details your lease or local law requires.
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 spell out the arrangement clearly. Include the following details, and make sure none conflict with your original lease or local law.
| Item | Why It Matters |
|---|---|
| Names of the tenant and subtenant | Identifies the parties entering the agreement. |
| Address of the subleased property | Establishes exactly which apartment or portion of the apartment is included. |
| Duration of the sublease agreement | Sets the move-in and move-out dates and keeps the arrangement within the permitted period. |
| Rental amount, including due dates, late penalties, and who the subtenant should pay it to | Clarifies how much is owed, when payments are due, and how they should be made. Late fees must comply with applicable law. |
| Security deposit information | Documents the amount, who holds it, permitted deductions, and the process for returning it under local law. |
| Parking information | Clarifies whether parking is included and identifies any fees or restrictions. |
| Guest policies | Explains limits or expectations for overnight visitors. |
| Noise policies | Sets expectations for quiet hours and consideration for neighbors. |
| Smoking and drinking policies | Clarifies the applicable building, lease, and legal restrictions. |
| Utility costs and payment information | Identifies which utilities are included in rent and who pays any separate bills. |
Before signing, compare the sublease with your original lease. The sublease cannot give the subtenant rights that you don't have, and nothing in it should conflict with your landlord's requirements.
Keep a copy of the signed agreement, your landlord's written approval, screening records, and the move-in condition report. Give the subtenant a copy of the final agreement and the rules they must follow.
Subletting gives you flexibility and helps cover rent while you're away. You can travel, take a temporary work assignment, or spend time elsewhere without giving up your apartment, and you avoid the cost of ending a lease early. The tradeoff is that you remain responsible for the original lease, even when another person lives in your apartment.
If you're leaving permanently, consider a lease assignment or early termination instead.
Subletting involves money and access to a home, so verify that the arrangement is legitimate. If you are the subtenant, confirm the person offering the apartment has the authority to sublet it, and ask to see the original lease and the landlord's written approval before you sign or pay. If you are the tenant, expect a subtenant to ask for the same.
Use a written agreement that names the parties, the apartment, the rental period, and the payment terms. Keep copies of your communications and payment records, and pay by a method that leaves a clear transaction record.
For more guidance, read our article on how to spot and avoid rental scams.
Subletting is one way to manage a lease when your plans change. Depending on your circumstances, one of these options may fit better.
Compare the cost, timing, and obligations of each option. If you don't plan to return, ending your tenancy may be simpler than subletting and staying responsible for someone else's occupancy.
A subletting clause is the section of your lease that says whether subletting is allowed. Some leases prohibit it, and others permit it with landlord approval or under specific conditions. Review this clause before advertising your apartment, and check local law for additional rights or requirements.
Yes, when your lease prohibits subletting or your request doesn't meet the applicable requirements. Some places limit that power. In New York, under Real Property Law § 226-b, a landlord covered by the statute cannot unreasonably withhold consent. If the landlord doesn't respond within the statutory period, the law treats that as consent. If the landlord unreasonably refuses, the tenant may sublet as requested and can recover costs and attorneys' fees if the landlord acted in bad faith. Check the rules for your apartment before assuming your landlord can or cannot refuse.
It depends on your lease and local law. Some cities cap the rent a tenant can charge a subtenant, including for certain rent-regulated apartments. Check the rules that apply to your apartment before you set the price, and check for limits on fees or other charges.
You still owe the rent under your original lease, and your landlord can hold you responsible for the missed amount. Your sublease may give you ways to recover the money from the subtenant, but collecting can take time. Screen applicants carefully, document payment terms, and keep enough savings to cover a missed payment.
Your lease and local law set the limit. Some leases cap subletting at a specific period or at the remainder of the lease term, and some jurisdictions set their own duration limits and procedures. Confirm the permitted dates with your landlord and end the sublease within the allowed period.
An illegal sublease violates the original lease or applicable law. Subletting without required permission, exceeding a permitted duration, or breaking local restrictions can make a sublet unlawful. Consequences include financial liability and eviction proceedings. In New York, a sublet that does not follow Real Property Law § 226-b is a substantial breach of the lease. Review your lease, follow the approval process, and document the arrangement before your subtenant moves in.
Your lease or local law may require it, and your existing policy may not cover every situation involving a subtenant. Ask your insurer whether the policy covers the arrangement and whether the subtenant should buy separate coverage. Put any insurance requirement in writing and keep it consistent with your lease.
Subletting does not change your credit score on its own. Missed rent or unpaid debts tied to your original lease can affect your credit, depending on how the matter is handled and reported. Because your name stays on the lease, pay rent on time even when the subtenant is supposed to send the payment, keep payment records, and address any missed payment right away.
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