What you need before you sublet

You cannot sublet an apartment legally without written permission from your landlord. Most leases either forbid subletting entirely, allow it with landlord consent, or allow it without consent — you need to know which one you have. Read your lease carefully for the subletting clause. If it says "tenant may not sublet," you are blocked unless your landlord agrees in writing to change the lease. If it says "tenant may sublet with landlord consent," you must ask and get written approval before you find a subtenant. If it says nothing about subletting, state law usually requires you to get consent anyway, so do not assume silence means permission.

Once you have permission, you need a written sublease agreement between you and the person moving in. This is a separate contract from your original lease — it spells out the rent amount, the dates the subtenant will occupy the space, which utilities they pay, and what happens if they break the agreement early. Your landlord may want to review it or may have a template they require you to use. The subtenant should understand they are renting from you, not from the landlord, and that you remain responsible to the landlord for the full rent and any damage.

Key Takeaways

  • You must have written permission from your landlord before subletting, even if your lease does not explicitly forbid it.
  • A sublease is a separate contract between you and the subtenant that covers rent, dates, utilities, and early termination rules.
  • You stay liable to your landlord for the full rent and apartment condition, so choose your subtenant carefully and document their move-in condition.
  • Your subtenant does not have a direct relationship with the landlord and cannot make repair requests or negotiate lease terms with them.
  • State law varies on whether you can charge more rent to a subtenant than you pay to the landlord, so check your state's rules before setting the price.

Getting written permission from your landlord

Contact your landlord in writing — email is fine, but keep a copy. State clearly that you want to sublet the apartment and ask what their process is. Some landlords have a form they want you to fill out. Others will straightforward respond yes or no. If they say yes, ask them to confirm in writing, either by email or by signing a written consent form. Do not rely on a verbal agreement. If your landlord says they need to meet the subtenant or run a background check on them, that is normal — many landlords treat a subtenant almost like a new tenant and want to vet them.

If your landlord refuses, you have limited options. You can negotiate — offer to pay a higher rent to the landlord if they allow subletting, or agree to a shorter sublet period. You can also check your state's laws: some states limit how much a landlord can restrict subletting, particularly if the tenant has a legitimate reason (job transfer, medical leave, military deployment). But in most cases, if the lease forbids subletting and the landlord says no, subletting anyway puts you at risk of eviction.

Writing a sublease agreement

A sublease should include the names of both you and the subtenant, the apartment address, the rent amount, the move-in and move-out dates, and which utilities the subtenant pays. It should also state that the subtenant is renting from you and that you remain the tenant of record with the landlord. Include a clause about what happens if the subtenant wants to leave early — do they forfeit their deposit, do they have to find a replacement, or do they owe you rent through the end date? Specify the condition of the apartment at move-in (you can attach photos or a walk-through checklist) and make clear that the subtenant is responsible for normal wear and tear but not for damage they cause.

You do not need a lawyer to write a sublease, but you can use a template from your state bar association, a legal document service, or your landlord if they provide one. The key is that both you and the subtenant sign and date it, and each of you keeps a copy. If a dispute arises later — the subtenant stops paying rent, or you claim they damaged the apartment — the signed sublease is your proof of what was agreed.

Collecting a deposit and setting the rent

You can ask the subtenant for a security deposit, just as your landlord asked you. The amount is up to you, but it should be reasonable — typically one month's rent or less. Keep this money separate from your own funds, in a dedicated account if possible, because you will need to return it when the subtenant moves out (minus any legitimate deductions for damage). Some states have rules about how landlords must handle deposits; check whether those rules explore to subtenants in your state, because you may be required to follow the same rules even though you are not the official landlord.

The rent you charge the subtenant can be higher than what you pay the landlord, but some states cap how much more you can charge. A few states prohibit "profit" on a sublet — meaning you can only charge what you owe the landlord, plus reasonable costs like utilities you cover. Others allow you to charge market rate. Check your state's tenant laws before you set the price. Whatever you charge, put it in the sublease in writing. Make clear whether rent is due on the same day as your landlord's payment, and what happens if the subtenant pays late.

Your ongoing responsibility to the landlord

Subletting does not remove you from your lease. You are still the tenant, and you still owe the landlord the full rent every month, even if the subtenant does not pay you. If the subtenant damages the apartment, you are liable to the landlord for repairs. If the subtenant violates the lease (keeps a pet when pets are forbidden, throws loud parties, or breaks the lease early), the landlord can pursue you, not the subtenant. This is why it matters who you sublet to — you are betting your security deposit and your rental history on their behavior.

Document the apartment's condition before the subtenant moves in. Take photos or video of every room, note any existing damage, and have the subtenant sign a move-in checklist. When they move out, do the same thing. This protects you if they claim you kept their deposit unfairly, and it protects you if you need to show the landlord that damage happened on the subtenant's watch, not yours.

What the subtenant can and cannot do

The subtenant is renting from you, not from the landlord. They cannot contact the landlord to request repairs, negotiate the lease, or claim rights under the original lease. If the apartment has a maintenance problem — a leaking faucet, broken heat, mold — the subtenant should tell you, and you contact the landlord. You are the middleman. This is important because it means the subtenant's rights depend on what you promise them in the sublease, not on what the landlord promised you.

The subtenant must follow all the rules in your original lease. If the lease forbids pets, the subtenant cannot have a pet. If it forbids subletting (yes, a subtenant cannot sublet further without the landlord's permission), the subtenant cannot do it. If the subtenant violates the lease, you can evict them using your state's eviction process, which usually means giving notice and filing in court if they do not leave. This is separate from the landlord's right to evict you if the subtenant's behavior violates your lease with the landlord.

When subletting can go wrong

The most common problem is a subtenant who stops paying rent. You still owe the landlord, so you have to cover the shortfall or face eviction yourself. The sublease gives you a legal claim against the subtenant, but collecting money from someone who will not pay is slow and expensive. Screen your subtenant carefully — ask for references, run a background check if you can, and verify their income. Some subtenants also damage the apartment or move out early without notice, leaving you scrambling to find a replacement or pay double rent.

Another risk is that the landlord changes their mind or sells the building. A new landlord may not honor your sublease agreement, though they are usually bound by the original lease you signed. If the landlord decides to move back into the apartment or sell it to an owner-occupant, they may be able to end your lease early depending on state law. This would end the sublease too. Always make sure the subtenant understands that the sublet is temporary and tied to your lease — if your lease ends, theirs does too.

Frequently Asked Questions

Can I sublet if my lease says I cannot?

No, not without the landlord's written permission. If the lease forbids subletting, you are in breach if you sublet anyway, and the landlord can evict you. Some states allow tenants to sublet despite a lease clause if they have a compelling reason, but this is rare and requires legal action. Ask your landlord first.

What if my landlord wants to approve the subtenant?

That is normal. Provide the landlord with the subtenant's name, contact information, and any background information they request. Some landlords run a credit or background check, similar to what they did for you. You can ask the subtenant to consent to this before you give the landlord their information.

Can I charge the subtenant more rent than I pay the landlord?

It depends on your state. Some states allow you to charge market rate. Others limit you to your own rent plus reasonable costs. A few prohibit any profit. Check your state's tenant laws or contact a local tenant rights organization to find out what is allowed where you live.

What happens if the subtenant breaks the lease early?

That is between you and the subtenant, based on what your sublease says. You can require them to pay rent through the end date, forfeit their deposit, or find a replacement subtenant. You cannot evict them without following your state's eviction process, which usually requires written notice and a court order.

Am I responsible if the subtenant damages the apartment?

Yes, to the landlord. You are liable for all damage and can be sued by the landlord or lose your security deposit. You can then pursue the subtenant for reimbursement using the sublease and your move-in and move-out documentation, but collecting money is your problem, not the landlord's.