Subletting can be a lifesaver whether you’re moving for a new job in a Seattle apartment or taking an extended vacation from your Miami rental. However, subletting isn’t as simple as handing over the keys. It requires careful planning and adherence to legal guidelines to ensure a trouble-free transition. In this Apartment Guide article, we’ll delve into the basics of subletting and provide you with tips on how to sublease your apartment successfully. 
What is subletting? Understanding subleases
By definition, subletting, also known as subleasing, involves renting out a property or a portion of it that you are currently leasing, to a new tenant. This means you, as the original tenant (sublessor), create an agreement with a subtenant (sublessee) to take over part or all of the rental obligations. For instance, if you are renting an apartment and decide to move out temporarily, you can sublet your room to another person, who will then pay rent to you while you remain responsible for the lease with the landlord.
While the terms “sublease” and “sublet” are often used interchangeably, sublet typically refers to residential properties, whereas sublease can also apply to commercial properties. It’s essential to understand that subletting carries responsibilities and risks, as you are still accountable to the landlord for the property’s condition and rent payments.
Reasons for subletting an apartment
Imagine you receive a sudden job offer in another city, but you’re only 4 months into a 12-month lease. You don’t want to pay for an apartment you won’t be living in for the next 8 months, and breaking the lease could hurt your credit. Instead, you approach your landlord about subletting. They agree, allowing you to find a subtenant to cover most of the rent, easing your financial burden.
Here are the most popular reasons for subletting an apartment f:
- You’re temporarily relocating: If you need to move for a short period (e.g., a summer internship or semester abroad), subletting allows you to retain your lease and return later.
- You’re trying to reduce rent costs: Sharing your space with a subtenant can help you manage high rent costs by splitting the expenses.
- You’re avoiding lease termination penalties: Subletting can be a solution to avoid the financial penalties associated with breaking a lease early.
- Unexpected life changes: Changes such as family emergencies or personal circumstances may require temporary relocation.
- Roommate departures: If a roommate moves out, subletting their portion can help cover the rent.
15 steps to successfully sublet your apartment
If you decide that subletting is the right option for you, follow these 15 steps to ensure compliance with your lease and state laws:
1. Check your lease agreement for subletting rules
Before proceeding with any subletting plans, it is crucial to review your lease agreement to understand the rules and restrictions regarding subletting. Your lease may explicitly permit or prohibit subletting, or it might require you to obtain written consent from your landlord before you can sublet your space. If your lease is silent on the matter, it’s still a good idea to discuss your intentions with your landlord to avoid any potential conflicts. Understanding these terms ensures that you stay compliant with your lease and helps prevent any legal issues that could arise from unauthorized subletting.
2. Obtain landlord approval for subletting
After reviewing your lease, obtain written approval from your landlord for subletting to protect both parties. If renting a condo or co-op, the condo board may also need to approve the subtenant. Clearly communicate your subletting plans and present potential subtenants for landlord approval. If subletting is initially prohibited, explain your reasoning to your property manager and get any approval in writing. Clear communication and formal permission ensure a smooth process and prevent the risks associated with unauthorized subletting, which could lead to eviction. Here is a downloadable sample letter requesting permission to sublease to start.
3. Review local rental laws
your local rental laws to ensure compliance with state regulations, not just property manager rules. Understanding your rights to sublet is crucial, as some states allow subletting without landlord approval unless explicitly prohibited in the lease. In some cities, you can sublet even if the lease forbids it, provided the subtenant is qualified. However, in certain places, unauthorized subletting can result in severe penalties. Always verify local laws to avoid legal issues.
4. Check your renter’s insurance policy
Before subletting, check if your renter’s insurance covers damage or liability caused by a subtenant, as coverage can vary. If not covered, consider moving your belongings out to avoid potential liabilities and require your subtenant to obtain their own renter’s insurance. This will protect both parties from financial risks, ensuring that any damages or losses are covered, rather than coming out of your security deposit or pocket. Adequate insurance coverage for both you and your subtenant mitigates risks and provides peace of mind during the sublease period.
5. Draft a sublease agreement
This legal document outlines the terms and conditions between you and the subtenant. It should include the duration of the sublease, rent amount, payment schedule, and responsibilities for utilities and maintenance. It should also specify rules and regulations the subtenant must follow and procedures for handling security deposits and potential damages. A well-drafted sublease agreement protects both parties by clearly defining expectations and obligations, reducing the risk of misunderstandings and disputes.
Use a sublease agreement template as a starting point and customize it to fit your situation, and consider having it reviewed by a legal professional to ensure compliance with local rental laws and the original lease. Once finalized, both you and the subtenant should sign the agreement and keep copies for your records.
6. Determine security deposit requirements
A security deposit ensures that any damages to the home will be paid for. If you’re considering subleasing an apartment, you may want to request a security deposit to ensure you won’t be responsible for the damages the sublessee has caused.
Find out from your property manager whether they require the subletter to pay a separate security deposit to cover them during their stay. If you’re requiring a separate security deposit from the subletter, make sure this is included in the sublease and state when it’s due.
Another option is to have your property manager return your current deposit and request a new one from the subletter. This way, they will be responsible for any future damages.
If your property manager doesn’t want to adjust the subletter’s agreement with a security deposit, you may decide to settle any damages when the lease is up. If this is the case, you should get it in writing how the costs will be split and take photos of the unit before you move out.
7. Plan for utility bills
Figure out how utilities will be covered and how they’ll be paid.
If you plan on returning to the unit, you could work a set amount each month based on the previous few months of utilities. For example, if you know that Wi-Fi and electricity usually cost $100 a month, you could just work that amount into the rent.
If you’re leaving for good, transferring the utilities in the subletter’s name is best practice. This way you won’t be left with unpaid bills in your name and financial responsibility is taken care of.
8. Market your sublet
After you’ve done your research, you need to find someone who can sublet your apartment. Luckily, there are plenty of platforms that will allow you to connect with a subletter and find a new tenant in no time.
Facebook Marketplace: Create a listing and make sure to take some nice, clean, uncluttered photos of your apartment with a detailed description of the length and how soon you need someone. Do not release your full address until you have a serious candidate.
Tip: Try Facebook groups specific to those who travel and may need a short-term place to stay.
Sites that specialize in subletting: Did you know there are websites that cater to people who need to sublet their place? Rather than only posting on Craigslist, try LeaseBreak.com, Sublet.com or SpareRoom.
Tip: Be sure to clean the apartment before taking photos to post on these sites.
Tap into your network: Ask your friends, family and co-workers if they know anyone who is looking for a short-term lease. If you have a message board at work or a Slack channel, post your listing and get the word out.
Tip: If you want to reach a larger network of acquaintances, post the listing on your social media.
9. Communicate with current roommates
Having roommates may make the situation a bit trickier, but nothing that can’t be worked out. Ensure the subletter understands who is living in the apartment and what the current house rules are. Make sure your roommates agree with the subletting arrangement as well and are comfortable with the new tenant.
Have a meet and greet with the subletter and roommates before anyone signs any documents. Consider asking them potential roommate questions to get a good idea of their lifestyle.
10. Create or obtain a rental application
Start by creating or obtaining a rental application that includes personal information, employment details, and rental history. You can often get a template from your property manager, or use a reliable online resource. This will give you a clear picture of potential subtenants and help you gather necessary information for the screening process. For more detailed guidance, check out this
11. Screen Potential Subtenants
Screening potential subtenants is essential to ensure they are reliable and financially capable of meeting lease obligations. Use online tenant screening services like Cozy, TenantCloud, or RentPrep to conduct background and credit checks, providing insight into the applicant’s financial stability and rental behavior. Additionally, contact previous landlords for valuable feedback on the subtenant’s reliability and conduct.
12. Interview Potential Subtenants
Conduct interviews with potential subtenants to gauge their suitability for your space and compatibility with any remaining roommates. Prepare a list of questions that cover their rental history, reasons for moving, and lifestyle habits. This is also a good opportunity to discuss your expectations and any house rules. Questions to ask subtenants include:
- When can you move in?
- What is your current employment status, and can you provide proof of income?
- How long do you plan to stay in this sublet?
- Can you provide references from your previous landlords?
- Do you have any pets or plan to have any pets during the sublease period?
- Are you able to pay the security deposit and first month’s rent upfront?
- How do you usually handle conflicts or disagreements with roommates?
13. Finalize and sign the sublease agreement
Review the agreement with the subtenant, ensuring both parties understand and agree to terms such as rent, payment schedule, duration, and responsibilities for utilities and maintenance. Sign the agreement, and have it notarized if possible, keeping signed copies for both parties. Clearly list move-in and move-out dates, documenting any prorated rent. Schedule a walkthrough to note any damages, and clean the unit before the subtenant moves in.
14. Notify landlord and provide subtenant details
After signing the sublease agreement, promptly inform your landlord and provide the subtenant’s full name, contact information, and a copy of the agreement. Keeping your landlord informed ensures transparency and helps prevent potential issues. Some landlords may also require a formal introduction to the subtenant.
15. Maintain communication with subtenant and landlord
Regular communication with both your subtenant and landlord is crucial for successful subletting. Address any issues promptly, ensure the subtenant is comfortable and adhering to the sublease terms, and keep the landlord informed of significant developments. This ongoing communication helps build trust and prevents minor issues from escalating.
Key terms to know about subleasing:
- Sublessor: The original tenant who rents out the property to a subtenant. The sublessor remains responsible for the lease agreement with the landlord.
- Sublessee: The new tenant who rents the property from the sublessor. The sublessee pays rent to the sublessor and abides by the terms set in the sublease agreement.
- Sublease agreement: A legal contract between the sublessor and sublessee outlining the terms and conditions of the subletting arrangement. This document typically includes details such as the duration of the sublease, rent amount, payment schedule, and responsibilities of both parties.
- Master Llase: The original lease agreement between the landlord and the sublessor. This document governs the overall terms of the rental and remains in effect during the sublease period.
- Security deposit: An amount of money collected by the sublessor from the sublessee as a safeguard against potential damages or unpaid rent. This deposit is typically refundable at the end of the sublease term, provided there are no damages or outstanding payments.
- Liability: The legal responsibility for obligations under the lease. The sublessor remains liable to the landlord for the property’s condition and rent payments, even though the sublessee is occupying the space.
- Permission to sublet: A clause in the master lease that may require the sublessor to obtain the landlord’s approval before subletting the property. It’s important to review the master lease and seek necessary permissions to avoid breaches.
- Tenant at will: A tenant who occupies a rental property without a long-term lease agreement, typically on a month-to-month basis. Subletting under this arrangement should still involve a written sublease agreement to clarify terms and responsibilities.
Sublet FAQs
Is subletting legal?
The legality of subletting your rental will depend on your state laws and the lease you signed. Some states require property managers to allow anyone the right to sublease, while others leave it to the property manager to decide.
If your state laws allow subleasing and your lease does not, inform your property manager of the state laws. If your lease allows subletting, read through the stipulations to ensure you follow the correct protocol for subletting your apartment.
Is subletting safe?
There are risks associated with subletting. If the sublessee that you choose decides not to pay rent on time or damages the apartment, you will also be held liable. This means you need to ensure the person you pick to sublet your apartment is reliable and trustworthy.
If you aren’t willing to take on this risk, you may consider ending your lease early. While breaking a lease, could have some associated costs, these may be less than the cost of having a bad sublessee.
What if my subtenant stops paying rent?
As the original tenant, you are still responsible for rent payments to the landlord, even if the subtenant defaults. It’s crucial to screen subtenants thoroughly.
What are the risks of subletting?
Risks include potential property damage, non-payment of rent by the subtenant, and liability issues. Proper screening and a solid sublease agreement can mitigate these risks.
Can my landlord reject my subtenant?
Yes, landlords can reject a subtenant if they do not meet the landlord’s criteria. It’s important to get landlord approval for the chosen subtenant.
The information contained in this article is for educational purposes only and does not, and is not intended to, constitute legal or financial advice. Readers are encouraged to seek professional legal or financial advice as they may deem it necessary.