What Is Subletting?

Why Subletting Matters to Landlords

The core issue with subletting is control. When you rented the unit, you went through a thorough screening process: credit check, background check, income verification, landlord references. You chose that specific tenant because they qualified.

When that tenant sublets to a friend, a coworker, or someone from Craigslist, all your screening goes out the window. You now have an unknown person living in your property. You have no idea about their credit, criminal history, income, or rental track record. If they damage the unit or stop paying, you are chasing your original tenant (who may have left town) for the money.

This is why every lease should include a clear subletting clause. Either prohibit it entirely or allow it only with written landlord approval after you screen the subtenant.

How Subletting Works

In a typical sublease arrangement:

Your original tenant (the sublessor) signs a separate agreement with the subtenant (the sublessee). The original tenant continues to be legally responsible to you for rent and lease compliance. The subtenant pays rent to the original tenant (not to you). The original tenant pays you the full rent as usual.

You have no direct legal relationship with the subtenant unless you approve a lease amendment adding them. This is both a feature (the original tenant is still on the hook) and a risk (you cannot directly enforce the lease with the subtenant).

Handling a Subletting Request

Step 1: Review your lease clause. Does your lease prohibit subletting? Allow it with approval? Say nothing? If it says nothing, check your state's default rules. In states where silence means subletting is allowed, you have less control.

Step 2: Understand why. Common reasons tenants want to sublet: temporary job relocation (3-6 months), study abroad, caring for a family member, financial hardship (need to reduce costs). The reason helps you evaluate the request.

Step 3: Screen the subtenant. If you are going to allow it, require the subtenant to pass your standard screening process. Same application, same credit check, same background check, same income requirements. If they would not qualify on their own, they should not live in your unit.

Step 4: Require a sublease agreement. Get everything in writing: who the subtenant is, the sublease period, that the original tenant remains fully responsible, and that you have approved the arrangement. Keep a copy.

Step 5: Consider alternatives. Instead of subletting, you might offer: early lease termination with a fee, or a lease assignment where the new person takes over the lease directly (you screen them and they become your tenant). Both options give you more control than a sublease.

Real Example: Subletting Scenario

Your tenant Sarah has been in a $1,500/month unit for a year. She gets a 6-month work assignment in another state. She asks to sublet to her coworker Mike while she is gone.

Option A: Allow the sublet. You screen Mike. He passes (credit 660, income $5,000/month, clean background). Sarah signs a sublease with Mike. She remains on your lease. Mike pays Sarah $1,500/month. Sarah pays you $1,500/month. If Mike damages the unit, Sarah is responsible. Risk: moderate. Benefit: unit stays occupied, rent keeps coming.

Option B: Deny and offer alternatives. You tell Sarah subletting is not allowed per the lease. You offer two alternatives: (1) Early termination with 2 months' rent as a fee ($3,000), or (2) a lease assignment where Mike takes over the lease directly after full screening. Sarah chooses the assignment. Mike signs a new lease. Sarah is off the hook. You have a fully screened direct tenant.

Option C: Deny, period. Sarah can either stay, break the lease (owing early termination fees), or find someone to do a lease assignment. This is the strictest approach but fully within your rights if the lease prohibits subletting.

Common Mistakes

Not having a subletting clause in the lease. If your lease says nothing about subletting, your state's default rules apply. In many states, that means subletting is allowed. Include a clear clause: "Tenant may not sublet or assign this lease without prior written consent of the Landlord."

Allowing subletting without screening. "Sure, your friend can stay there" without running a background check is a recipe for problems. Always screen the subtenant with the same process as any other applicant.

Not requiring a written agreement. Verbal permission to sublet creates ambiguity. What were the terms? Who is responsible? How long? Put it in writing every time.

Discovering unauthorized subletting and doing nothing. If you find out a tenant has sublet without permission, address it immediately as a lease violation. Ignoring it sets a precedent and exposes you to risk from an unscreened occupant.

Frequently Asked Questions

Can I charge a fee for subletting?

Some landlords charge a subletting fee ($100-$300) to cover the cost of screening the subtenant and processing the paperwork. Whether this is allowed depends on your state and local laws. Check before adding it to your lease.

Is the original tenant still responsible if the subtenant does not pay?

Yes. In a sublease, the original tenant remains fully liable under the original lease. If the subtenant does not pay, you pursue the original tenant for the rent. This is the key difference between a sublease and a lease assignment.

Can I evict a subtenant directly?

This gets complicated. You may not have a direct legal relationship with the subtenant if the sublease was between them and your tenant. In many jurisdictions, you would need to evict your original tenant, which effectively removes the subtenant. Consult an attorney for your state's specific rules on this.