Whether you’re temporarily relocating, downsizing, or spending extended time with family, subletting your apartment can be a smart way to cover rent while keeping your lease active. However, doing it the wrong way could result in fines, eviction, or loss of your security deposit. Understanding how to create a lawful sublease agreement, obtain landlord approval, and follow proper tenant rules is essential to protect yourself and your rental history.
This guide walks you through how to sublet your apartment legally — from getting permission to drafting the right documents — so you can avoid disputes and stay compliant with lease and housing laws.
What Is a Sublet (or Sublease)?
A sublet, also called a sublease, occurs when the current tenant rents out their apartment — or a portion of it — to another person for a set period while keeping the original lease in their own name. The new renter (the subtenant) pays rent to the original tenant, who continues paying the landlord as usual.
A sublease agreement doesn’t replace your lease; it adds a temporary layer of responsibility. You, as the primary tenant, remain legally accountable for rent payments, damages, and compliance with tenant rules.
Common Reasons Tenants Sublet:
- Temporary job relocation or travel
- Health recovery or caregiving for family members
- Seasonal work or schooling in another city
- Testing a new location before a permanent move
For many seniors, subletting can also provide financial relief during extended absences while ensuring their home remains occupied and maintained.
Step 1: Check Your Lease for Subletting Terms
Before you do anything, review your lease carefully. Many landlords require written landlord approval before subletting, while others prohibit it entirely. Violating these terms could lead to eviction or legal penalties.
Look For:
- Clauses labeled “subletting,” “assignment,” or “occupancy changes”
- Requirements for written consent or notice periods
- Restrictions on how long or to whom you may sublet
- Any fees related to processing a sublease
If your lease doesn’t mention subletting, you still need permission. Never assume silence means approval. Always get consent in writing before signing a sublease agreement.
Step 2: Request Landlord Approval
Even if your lease allows subletting, most states require tenants to notify their landlord and obtain consent. The process is straightforward but should be handled professionally. Written requests create transparency and protect you in case of disputes.
What to Include in Your Request:
- Your reason for subletting (e.g., temporary relocation)
- The start and end dates of the sublease
- Information about the subtenant (employment, references, contact details)
- A copy of your proposed sublease agreement
Once submitted, give your landlord time to review the proposal. Some states require landlords to respond within a reasonable period — often 10 to 30 days. If your landlord refuses without valid reason, local tenant rules may allow you to challenge the decision.
Step 3: Draft a Legally Sound Sublease Agreement
A written sublease agreement protects both you and the subtenant. It outlines responsibilities, payment terms, and expectations, helping prevent confusion or disputes later. Use a standard form available from legal aid offices or housing websites, and adapt it to your situation.
Key Elements to Include:
- Names and contact information of both parties
- Rental property address and unit details
- Sublease start and end dates
- Monthly rent amount and payment method
- Security deposit terms (if applicable)
- Rules for utilities, maintenance, and repairs
- Statement that the sublease must follow all original tenant rules from the main lease
Both parties should sign the document, and you should provide a copy to your landlord for records. This ensures everyone — landlord, tenant, and subtenant — understands their legal responsibilities.
Step 4: Screen and Select the Right Subtenant
Choosing the right person is critical since you’re ultimately responsible for any problems. Screen potential subtenants as carefully as a landlord would — within the limits of fair housing laws.
How to Screen Subtenants:
- Conduct background and credit checks (with written permission)
- Request employment or income verification
- Contact previous landlords for rental history
- Confirm they understand and agree to follow all tenant rules
Be fair and consistent in your screening process to avoid discrimination claims. Rely on objective criteria like payment history and references, not personal characteristics.
Step 5: Inspect and Prepare the Apartment
Before handing over the keys, document the apartment’s condition. Take dated photos or videos and note any existing wear or damage. This protects your security deposit and establishes accountability if issues arise during the sublease period.
Provide the subtenant with copies of house rules, emergency contacts, and maintenance procedures. Clear communication reduces misunderstandings and keeps the sublease running smoothly.
Step 6: Maintain Communication During the Sublease
Even after your subtenant moves in, you remain legally responsible for the property. Stay in touch with both your landlord and subtenant to ensure rent is paid on time and no tenant rules are violated.
Stay Involved By:
- Setting up automatic rent transfers to ensure timely payments
- Requesting monthly updates or maintenance reports
- Checking in periodically (if allowed by lease terms)
Maintaining open communication shows responsibility and protects your reputation as a tenant.
Step 7: End the Sublease Properly
When the sublease term ends, conduct a final inspection with your subtenant. Document the apartment’s condition again and compare it to the initial walkthrough. Return any security deposit according to state law and ensure the subtenant has moved out completely before you resume full possession.
If you plan to extend the sublease, submit a new sublease agreement and seek fresh landlord approval. Never allow someone to remain in your apartment past the agreed date without consent — it could violate your main lease and tenant rules.
Legal Considerations and Tenant Rights
Each state has its own regulations governing subleases, so it’s crucial to research local laws before proceeding. Some states limit how long you can sublet, while others require landlords to justify denials. Failure to comply can result in eviction or legal disputes.
General Legal Tips:
- Always get written landlord approval
- Keep copies of all communication and agreements
- Follow your state’s notice and documentation requirements
- Ensure the subtenant follows all existing tenant rules
Consulting a housing attorney or local tenant organization can help you stay compliant and prevent misunderstandings before they arise.
Key Takeaway
Subletting your apartment can be a practical solution — but only if you follow the proper steps. By securing landlord approval, drafting a clear sublease agreement, and enforcing all tenant rules, you can protect yourself financially and legally. With preparation and transparency, you’ll maintain a positive relationship with your landlord and ensure your apartment stays in good hands while you’re away.
