Subletting 101: Can You Legally Rent Out Your Apartment?

Imagine this: You’re locked into a 12-month lease, but your life just took a turn, maybe a job offer in another city, travel plans, or a breakup. You don’t want to break your lease and risk a penalty, so you consider subletting your apartment.

But can you legally sublet your apartment? And more importantly, should you?

This guide breaks down exactly what subletting is, when it’s allowed, the risks involved, and how to do it right so you don’t end up with legal headaches or unexpected bills.

What Is Subletting?

Subletting (also called subleasing) is when a tenant rents out all or part of their apartment to another person, called a subtenant, for a specific period of time.

You’re still responsible for the lease.
The subtenant pays you (not your landlord).
It’s often used when you need to leave temporarily.

Example:

You have 6 months left on your lease, but you’re leaving the country for 3 months. You sublet your apartment to someone who lives there while you're away.

Is Subletting Legal?

That depends on three things:

1. What Your Lease Says

Many lease agreements explicitly prohibit or restrict subletting. Look for clauses like:

“Tenant may not sublease the premises without written permission from the landlord.”
“No subletting allowed under any circumstances.”

If your lease is silent on subletting, local law may still apply.

2. State and Local Laws

In some states or cities, tenants have the legal right to sublet, even if the landlord objects, as long as proper notice is given. Other areas give landlords full control.

Examples:

New York City: You can sublet with proper notice (even if lease says otherwise).
California: Subletting allowed unless the lease forbids it.
Texas: Landlords can refuse without reason if the lease doesn’t allow it.

Check your local tenant laws before making a move.

3. Landlord Approval

Even if legal, most landlords want to screen subtenants and may require:
Written notice
Application from the subtenant
Signed sublease addendum

What’s the Difference Between Subletting and Assigning a Lease?

Subletting	Assigning
You stay on the lease	You give up the lease entirely
You’re still legally responsible	New tenant takes over your lease obligations
Temporary or partial move	Permanent lease transfer

If you’re leaving for good, ask your landlord about lease assignment instead.

Risks of Subletting (If You’re Not Careful)

Subletting can be convenient, but risky. Here’s why:

1. You’re Still Responsible

If your subtenant:

Doesn’t pay rent
Damages the unit
Breaks the lease rules
YOU are still liable.

2. Legal Trouble

Subletting without permission can result in:

Eviction
Fines
Lawsuits

3. Bad Subtenant = Big Problems

Choosing the wrong person can turn your apartment into a nightmare. Always vet subtenants carefully (credit, background, references).

How to Legally Sublet Your Apartment (Step-by-Step)

If your lease and local law allow it, follow this safe process:

Step 1: Review Your Lease

Look for:

Sublet clauses
Required notice
Landlord approval process

Step 2: Get Written Permission

Even if allowed, always get landlord approval in writing. This protects you later.

Step 3: Find a Reliable Subtenant

Ask friends or trusted networks
Use platforms like Facebook Housing Groups, Craigslist, or Sublet.com
Screen them just like a landlord would

Step 4: Sign a Sublease Agreement

This should include:

Start and end dates
Rent amount and payment method
Security deposit terms
Rules of the lease
Who handles maintenance, utilities, etc.

Use a professional sublease template. I can help create one if needed.

Step 5: Notify Your Landlord

Subtenant’s name and contact info
Signed agreement (if required)
Move-in date

Tips to Protect Yourself as the Original Tenant

Collect a security deposit from your subtenant
Inspect the apartment before and after subletting
Keep paying rent directly to the landlord (don’t risk late fees)
Maintain written communication about all terms
Don’t allow sub-subletting (yes, it happens)

What Happens When the Sublease Ends?

Short-term: You return and resume living in the unit
Long-term: Subtenant leaves, and you handle move-out (or renewal)
Extension?: You must get landlord approval again

Remember: A sublease doesn’t override the original lease, it only supplements it.

Common Questions About Subletting

Q: Can I charge my subtenant more than I pay in rent?

A: Usually yes, unless your lease or local rent control laws prohibit it.

Q: What if my subtenant refuses to leave?

A: As the official tenant, you must go through the eviction process. Choose subtenants carefully.

Q: Can I sublet just one room in my apartment?

A: Often yes, especially if you’re staying in another room. But you still need permission in most cases.

Conclusion

Subletting your apartment can be a lifesaver if you need to leave temporarily, but only if you do it legally, responsibly, and transparently.

Here’s your subletting checklist:

Review your lease
Know your local laws
Get written approval
Screen your subtenant
Use a solid sublease agreement
Protect yourself legally and financially

Don’t risk eviction or financial loss just to save a few months’ rent. Sublet the smart way, and you’ll have peace of mind wherever life takes you next.

Normanardik.com