How to sublease an apartment

Key takeaways

• When you sublease an apartment, you remain legally responsible for the unit. The original tenant remains on the hook for rent, damages and lease violations.
• Landlord approval and written agreements are critical. Always check your lease, follow local laws, get permission in writing when required and document all terms in a formal sublease agreement.
• Screen subtenants like a business decision. Vet candidates carefully, set clear expectations around rent, utilities and rules, and avoid treating short-term subleases casually.

Subleasing is when a renter rents out a portion of their lease to another tenant for a set amount of time.

The original tenant is not removed from the lease but adds another party to help pay the rent in a sublease. There are several types of subleases that range in length and complexity.

In all sublease cases, you are still legally responsible for the lease.

"You're the guarantor whether you're living there or not," said Johnny Bravo, a fraud prevention and tenant screening strategist with Rent Butter in Los Angeles, California. "If your subtenant stops paying rent, you still owe it. If they damage the unit, it comes out of your deposit or your pocket. If they violate the lease, the violation is on your record."

Summer is often a busy time for short-term subleases, as students rent out their apartments or professionals relocate to a new city for a few months. In major urban hubs like New York City, Washington, D.C., and Los Angeles, short-term rentals are fairly common. In smaller cities, it may be difficult or expensive to get a three-month lease. A short-term sublease is often the most affordable way to rent temporarily.

To set up a short-term sublease, you will need to:

• Set firm start and end dates, typically measured in months
• Communicate what furniture will remain in the unit
• Work out who pays utilities
• Agree on house rules
• Have a written agreement

A partial sublease is when a renter brings in another tenant to help cover rent while still living in the unit. Before setting up a partial sublease, see whether it is possible to add the new tenant to the lease so you share equal responsibility. If that is not possible, create an agreement that outlines the terms of the partial sublease.

Be sure to include a clause stating how much notice the subtenant must give if they want to move out.

To set up a partial sublease, you will need to:

• Clearly define shared spaces, such as the kitchen, bathroom and living room
• Set clearly defined house rules
• Get landlord approval
• Outline all terms in a written agreement

A full sublease is when you rent out your entire apartment, typically because you need to move before your lease ends. First, ask your landlord whether it is possible to transfer the lease. If not, ask about subleasing.

With your name still on the lease, you remain the tenant and are responsible to the landlord. If your subtenant causes damage, you are still financially responsible.

To set up a full sublease, you will need to:

• Ensure the subtenant pays rent on time, either to you or the landlord
• Get landlord approval
• Outline sublease terms in a written agreement
• Set rules to ensure the property is not damaged

No matter the length of your sublease, there are steps you must take to protect yourself.

Before doing anything, look for sections titled “Sublease,” “Sublet” or “Assignment.” These sections will state whether subleasing is allowed without approval, allowed with landlord approval or not allowed at all. If the language is unclear, email your landlord or property manager for written confirmation.

Once you know whether your lease allows subleasing, check state and local laws. Many states and cities have tenant protections that affect subleasing. Some require landlords to reasonably consider sublease requests, while others allow landlords to refuse for any reason. Your city’s housing authority or a local tenant union website usually explains this clearly.

If landlord approval is required, submit a formal request detailing the proposed sublease.

Include:

• Start and end dates
• The subtenant’s name
• Confirmation that you remain responsible for rent and damages

Never rely on verbal approval. Always get permission in writing.

"Even in markets where local law protects a tenant's right to sublease, there's usually a requirement to notify the landlord in writing and get consent," Bravo said. "Approach it like a business conversation. Tell them you need to sublease, for how long, and that you intend to find a qualified subtenant."

Finding the right subtenant is critical for a good experience.

"Don't skip the vetting process just because it's temporary," Bravo said. "Verify their identity, confirm their income and check references. A three-month sublease can cause the same amount of damage as a 12-month tenancy if the wrong person moves in."

You can start by asking friends, but if that does not work, turn to online platforms that specialize in subleases, including:

• Facebook housing groups
• Craigslist
• Furnished Finder, Leasebreak and SpareRoom
• Campus housing boards, which are especially useful for short-term subleases

When vetting candidates, focus on trustworthiness and ability to pay rent. You do not need to be friends. Treat it as a business transaction.

Ask potential subtenants for:

• Proof of income or enrollment
• References
• An in-person meeting or video call, if possible
• A background or credit check, where legal

The rent should equal what you pay or be lower. Charging more is rare, and some laws prohibit it.

Clearly explain what is included in the rent, such as furniture. You may charge more if the unit is furnished. Discuss utility costs and how they will be paid, since those often vary month to month. You may also want to collect a security deposit.

In writing, document the agreed-upon:

• Rent amount
• Estimated utility costs
• Internet costs
• Parking terms, if applicable
• Furnishings, if applicable

This agreement protects you. Your lease obligates you to pay rent to your landlord, and the sublease obligates the subtenant to pay you.

Attach a copy of your original lease and state that the subtenant must follow it.

Your sublease agreement should include:

• Names of all parties
• Address of the unit
• Sublease start and end dates
• Rent amount and due date
• Security deposit amount
• House rules and original lease rules
• Who pays utilities
• Early termination terms

On the agreed-upon start date, hand over the keys to the subtenant and vacate the apartment. You should not enter the unit unless mutually agreed upon, but you remain responsible for the property.

If the subtenant does not pay rent, you must cover the cost. If rules are broken, you are accountable. Stay in contact and check in occasionally.

When the sublease expires, collect the keys and inspect the apartment. Return any security deposit you collected, as required. Notify your landlord that you have resumed occupancy of the unit.

Subleasing is not without risk, but many mistakes are preventable.

"The biggest one is treating it casually," Bravo said. "People will spend weeks researching the perfect apartment for themselves, then hand the keys off to a stranger after a five-minute conversation. Second is not having a written sublease agreement. A text thread where someone says, ‘Yeah, I'll pay $1,200 on the first,’ is not enforceable."

Following proper steps and creating a written agreement helps ensure the arrangement is taken seriously and documented.

"Third is not getting landlord approval in writing before the subtenant moves in," Bravo said. "If something goes sideways and you don’t have documentation, you have a big problem and no protection."

The most common subleasing mistakes include:

• Subleasing without permission
• Skipping a written agreement
• Not screening the subtenant
• Forgetting utility and furniture terms
• Assuming the landlord will handle issues