Can I Sublet My Apartment?

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If you are renting an apartment and have considered subletting, you’ve come to the right place.

What Is Subletting?

Since you found this article, you might already know what subletting is. But just in case, subletting is a term used to define the act of releasing your apartment to another individual or group of individuals under your lease.

Why Do People Sublet Apartments?

Subletting is a good way of sharing costs such as rent, electricity, gas, and Internet so the burden is reduced. It is also common if someone has a lease and suddenly needs to relocate but doesn’t want to break their lease.

Can You Sublet Your Apartment?

While subletting is legal, your lease must explicitly grant permission for subletting. Unfortunately, if your lease does not provide explicit permission to sublet, you almost always cannot do so.

If the lease does provide consent, then you will still likely need the landlord to approve the people you want to sublet to.

Am I Still On The Lease?

Yes, if you are allowed and choose to sublet, remember you are still on the lease. As such, you remain legally and financially responsible. If the sub-lessee breaches the lease, you are still likely liable.

Should You Get Permission From The Landlord?

Yes, you should always get permission from the landlord in writing before subletting. This is true even if you have permission in the lease.

What Happens If I Sublet Without Permission?

If you choose to sublet without permission, you will be in breach of your lease agreement, which could subject you to legal eviction, as well as substantial penalties.

What Are The Laws on Subletting?

Location view

Every location and municipality may have different laws regarding subletting, so it’s not a one-size-fits-all. Moreover, there are likely explicit terms in your lease agreement to adhere to.

In summary, subletting your apartment may be possible but it is subject to specific terms and conditions in your lease. Be sure to check this clearly and check with your landlord before proceeding with subletting your apartment.

Some more sublet tips (assuming subletting is allowed):

1)     Be sure to check local laws with an attorney as some locations may restrict how much you can charge for a sublease and the terms with which you can do so.

2)     If you have renter’s insurance, ask your insurance company what (if anything) you need to do for coverage. Inform them of the situation.

3)     Ask the landlord if he or she will need an additional security deposit and what other documents should be signed

4)     Be sure you are familiar with and screen the individual(s) to whom you are subletting as you are still on the hook if they fail to pay or cause damage. This is especially important if they will be living with you as a roommate.


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