Answers / Tenant rights
TENANT RIGHTS

What is a sublease and is it legal?

SHORT ANSWER

A sublease rents your rental to someone else while YOUR lease stays in force — you remain fully liable to the landlord. Legality depends on your lease’s sublet clause and often the landlord’s written consent.

Subleasing puts a tenant under your tenancy: the subtenant pays you, you keep paying the landlord, and — the part people miss — you remain fully on the hook. Damage, unpaid rent, lease violations by your subtenant: your name answers for all of it, and the landlord’s remedies run against you. Whether you can sublet at all lives in your lease: clauses range from outright bans to "with landlord’s written consent," and some jurisdictions add tenant-friendly rules (like consent not being unreasonably withheld). Sublet against a prohibition and you hand the landlord grounds for eviction. Do it right: get consent in writing, screen the subtenant like a landlord would, and put a written sublease between you covering rent, term, and damage responsibility.

What to do, in order

  1. Read your lease’s sublet/assignment clause first.
  2. Get the landlord’s consent in writing where required.
  3. Screen your subtenant — their failures become yours.
  4. Sign a written sublease covering rent, term, and damages.
  5. Understand you remain fully liable on the master lease.

Common questions

Am I responsible if my subtenant damages the apartment?

Yes — your lease with the landlord remains fully in force, so their damage and unpaid rent land on you. Your recourse is against the subtenant under your sublease.

What’s the difference between a sublease and assignment?

A sublease keeps you on the lease with a tenant under you; an assignment transfers the lease entirely to someone else — different clauses, different consent rules.

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Main AI explains documents and general legal rights in clear terms. It is not a law firm and does not provide legal advice. Laws vary by state and change over time — verify specifics for your jurisdiction, and consult a licensed professional for advice on your situation.