Can I Legally Sublet My Apartment?
Written by Law on Call Staff | Reviewed by Nathan Askins | Last Updated November 17, 2025
If you’re planning to leave town for a bit or simply need help covering rent for a few months, subletting your apartment can be a smart solution. But it’s also a legal process with specific rules.
We break down what subletting is, how it differs from breaking a lease, and the steps to do it legally. Our tips are helpful whether you’re a tenant trying to save money or a landlord weighing the risks.
Main Takeaways
- Subletting lets you rent your apartment or a room temporarily, but you remain responsible for rent, damages, and lease compliance.
- Always get landlord and roommate approval, screen subtenants carefully, and put all terms in a written sublease agreement.
- Breaking the lease or assigning it may be simpler if you don’t plan to return, but check fees and local laws before deciding.
What Is Subletting?
Subletting, or subleasing, is when a tenant rents out their apartment or a portion of it to another person, called a subtenant. The arrangement is usually temporary. Even though someone else is living in the space, the original tenant’s name stays on the lease with the landlord. That means the original tenant is ultimately responsible for rent and damages, even while someone else occupies the home.
A sublease agreement typically outlines the arrangement between the tenant and subtenant, spelling out the rent amount, timeline, and responsibilities. It can be a really useful tool when you’re in a pinch—helping you avoid breaking your lease—but it comes with its own risks.
What are the pros and cons of subleasing?
Subletting can be a smart way to save money and avoid lease-breaking penalties, but it isn’t risk-free. Here are some of the main upsides and downsides to consider:
Pros
- Save money by having someone cover part or all of your rent while you’re away
- Keep your unit occupied instead of sitting empty
- Make it easier to return to the same apartment since your lease stays active
- Flexible option when one roommate leaves but others want to stay
Cons
- You’re still legally responsible for rent and damages, even if the subtenant causes problems
- Some landlords restrict or complicate the subletting process
- Disputes can arise if expectations about rent, deposits, or utilities aren’t clear
Subletting vs. Breaking Your Lease
If you need to move out before your residential lease is up, you generally have two options if you want to stop paying rent: sublet the unit or break the lease.
Subletting makes sense if you plan to return and want to hold onto the apartment. You stay on the lease, which means you’re still responsible for rent payments (even if you’re collecting the money from a subtenant), damages, and rule compliance.
Breaking a lease, on the other hand, is often the cleaner choice when you don’t plan to return. It gives you a legal end to your contract with the landlord, so you’re no longer on the hook for rent or damages after you move out. Breaking a lease works best when all listed tenants agree to leave, and it avoids relying on a subtenant to adhere to the lease’s terms. While breaking a lease often comes with fees or penalties, it’s usually simpler and less risky than managing someone else in your old apartment.
What about lease assignments?
With lease assignments, you transfer your entire lease to a new tenant. Unlike a sublet, you are no longer on the lease once the assignment is approved, so you’re released from rent and damages.
Assignments usually require landlord approval, and not all leases allow them, but they can be a cleaner solution than subletting if you don’t plan to return and want to avoid breaking the lease.
Know your rights as a tenant.
Do I Need My Landlord’s Permission to Sublet?
In many cases, leases either prohibit subletting or require the landlord’s written approval. Ignoring these terms can be treated as a lease violation, leading to eviction and the loss of your security deposit.
In both Utah and Arizona, if a lease allows subletting, landlords typically cannot withhold permission. However, they can still reject reject an unqualified subtenant. Elsewhere, landlords usually have broad discretion unless local law says otherwise.
Even if your lease is silent on subletting, asking permission is often the safest and best approach. A simple request letter should include details about the proposed subtenant like credit history, references, and proof of income. Subletting without consent almost always creates added risk.
How to Sublet Your Apartment
This step-by-step guide walks you through the general process for how to legally sublet your apartment. But leases, states, and landlords all have different rules for subleasing, so make sure to take your specific situation into account.
Step-by-Step Instructions
1. Review your lease
Check for any clauses on subletting or assignments. Some leases ban sublets outright, while others require landlord approval. Know the rules before you take action.
2. Get landlord permission
Even if your lease allows it, allowing someone to live in your apartment without getting approval is risky. A landlord who doesn’t know about your subtenant may not honor their rights or handle maintenance properly. Always get permission in writing.
3. Obtain roommate approval
If you have roommates, everyone needs to be on board. Agree on rent, move-in and move-out dates, and any screening process upfront.
4. Screen potential subtenants
Treat this like you’re the landlord. Check credit, references, and employment, as a landlord could identify any of those as disqualifications. Meet the potential subtenant in person and make sure they can cover the rent. A deposit or first and last month’s rent can add extra protection.
5. Decide payment arrangements
Will the subtenant pay you, then you pay the landlord? Or will they pay the landlord directly? Either way, remember you’re still legally responsible for rent and damages.
6. Draft a written sublease agreement
Get everything in writing, including tenant and subtenant names and contact info, the property address, sublease start and end dates, rent amount and due dates, security deposit details, utility payment details, rules for property use, liability agreements, and the signatures of everyone involved (including other roommates). Make sure everyone has their own copy.
7. Notify your landlord of the subtenant
Even if not required, formally notify your landlord in writing with the subtenant’s name, move-in date, and contact information.
8. Maintain communication
Stay in touch with both your subtenant and landlord. Forward any maintenance requests quickly and make sure rent is paid on time.
Frequently Asked Questions
It’s safest for the landlord to collect a new deposit from the subtenant and do a joint check-in with the original tenant. This protects the original tenant from liability, but coordinating everyone can be tricky and may require extra planning.
Subtenants should pay rent directly to the landlord whenever possible. If the original tenant collects rent, there’s a risk they may not forward it, which could lead to eviction, even if the subtenant has already paid.
It can be tempting to charge a subtenant more than your rent, but rules vary by location. In areas with strong renter protections, you may not be allowed to make a profit. Always check your local laws before setting the rent.
Some landlords may try to charge a fee for subletting, but this is often not legal. Landlords can pass on actual costs for screening a new tenant, such as background or credit checks, but any additional fees may not be allowed.
Yes. Subleasing part of your rental works the same as subletting the entire unit. You remain on the lease and are still responsible for rent, damages, and following the lease rules.
If you own your home, renting a spare room makes you the landlord. You don’t answer to a landlord, but you must follow local and state laws, and condo or HOA rules if applicable. Many towns have restrictions on taking in renters, so check the rules or consult an attorney if you’re unsure.