- Each state's sublet laws vary, if any, so you should check your specific state's laws before subletting.
- Communicating with your landlord is a must before you consider subletting.
- Understand your rights as a subletter before entering into a legal agreement.
Thinking about subletting your place but not sure where to start? Or maybe you're a renter wondering if you’re even allowed to sublet under your lease? You’re not alone! Subletting can be a great way to cover rent when you're away, but it also comes with legal considerations depending on the state you're in. We’ll break down what subletting is, how it works, and — most importantly — the sublet laws you need to know based on where you live.
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What Is Subletting?
Subletting is when you rent out a property that’s already leased in your name. Think of it like this: You’ve signed a 12-month lease, but six months in, life throws a curveball — maybe a new job in another state or an extended trip abroad. Instead of breaking your lease (and possibly paying hefty fees), you can sublet your place to someone else who takes over rent payments for the rest of your lease term.
In this setup, you become the sublessor, and the person moving in is the sublessee. Just like when you signed your lease, you'll need to create a sublease agreement. This document outlines the terms of the arrangement, including rent, responsibilities, and the lease period. Most importantly, it typically requires approval from your landlord, because not every lease (or state law) allows subletting.
As long as your lease and local laws allow it, just about anyone can sublet. Some renters sublet when they move out permanently but don’t want to break their lease, while others just need temporary relief, like college students leaving for summer break. Even if you’re just moving across town, subletting can save you money and keep your rental history intact.
Pros | Cons |
|---|---|
Save money by avoiding lease-breaking fees and even earn extra cash. | A bad tenant could get you evicted if they violate lease terms. |
Helps maintain a positive rental history. | The sublessee might refuse to leave, causing legal headaches. |
Offers flexibility — you can move without losing your lease. | You’re still responsible for the unit, meaning late rent, damage or skipped payments could fall on you. |
Subletting vs. Subleasing: What's the Difference?
You might hear people use subletting and subleasing interchangeably, but there’s a slight difference between the two. In a sublet, the original tenant (the sublessor) temporarily hands over the rental to a new tenant (the sublessee) while still remaining responsible for the lease. This means if the sublessee doesn’t pay rent or causes damage, the original tenant is on the hook.
A sublease is typically a longer-term or more formal agreement where the sublessee takes over the rental under a separate contract. Some subleases transfer full responsibility to the sublessee, meaning they deal directly with the landlord, while others still keep the original tenant partially liable. Whether it’s called a sublet or a sublease often depends on the lease terms and state laws, so it’s important to clarify with your landlord before making arrangements.
How Does Subletting Work?
The subletting process is fairly straightforward, but the exact steps can vary depending on your lease agreement and local laws. Some states require landlord approval no matter what, while others allow subletting as long as it isn’t explicitly banned in your lease. In some cities, you may even need to submit official paperwork before subletting. No matter where you live, these are the key steps to follow when setting up a sublet.
1. Get Landlord Approval
Before making any moves, check your lease agreement to see if subletting is mentioned. Some leases strictly prohibit subletting, while others allow it with landlord approval. Even if your lease is silent on the matter, getting written permission from your landlord is a smart move. It protects you legally if issues arise later.
When requesting approval, provide details like how long you plan to sublet and why. If your landlord is hesitant, they may be more open to it if you can show that you’ve found a responsible sublessee. In some states, you might be required to submit your potential sublessee’s information along with your request.
2. Find a Subletter
Finding the right person to take over your lease is crucial — you’re essentially acting as their landlord, so their actions will reflect on you. Whether you're subletting to a friend, family member or a stranger, take steps to ensure they’re reliable:
- Ask questions about their rental history and credit score. A solid rental history and a good credit score can signal financial responsibility.
- Conduct an interview. Think about what your landlord would look for. Do they have stable employment? Do they have pets? Are they responsible tenants?
- Run a background check. Since your name is still on the lease, you want to make sure your sublessee won’t cause issues that could get you evicted.
- Request a security deposit. This helps protect you from damages or unpaid rent. If your landlord already holds a deposit, check if you can transfer some responsibility to the sublessee.
- Be upfront about costs and house rules. Let them know about rent, utilities, HOA regulations and anything else they should be aware of.
3. Draft and Sign Legal Docs
Once you’ve got your landlord’s approval and found a subletter, the final step is creating a sublease agreement. This document should clearly outline responsibilities so that there’s no confusion down the road. Be as detailed as possible — don't leave anything up for interpretation.
Your agreement should include:
- The start and end dates of the sublet
- The rent amount and how it should be paid (check, Venmo, bank transfer, etc.)
- Who is responsible for utilities and other bills
- Any restrictions (pets, smoking, guests, etc.)
- Security deposit terms
- What happens if the sublessee needs to move out early
- A clause stating that the sublessee agrees to follow all lease terms
If you’re unsure where to start, you can find sublease agreement templates online. Just make sure any agreement you use aligns with your lease and local laws.
Subletting Laws by State
The following states don't specifically address subletting in their state laws: Alabama, Arizona, Arkansas, Colorado, Connecticut, Florida, Indiana, Kentucky, Massachusetts, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin and Wyoming.
If you live in one of these states, your lease determines if it’s legal to sublet. Some leases will have clauses prohibiting subletting, while others may require you to get written approval from your landlord first. No matter the situation, we recommend getting written approval from your landlord before subletting.
Alaska
According to Alaska Statutes Title 34. Property § 34.03.060, tenants must obtain written consent from their landlord before subletting, unless otherwise stated in the lease. If consent is required, tenants can present prospective subtenants who must submit detailed personal and financial information for the landlord’s review.
The landlord has 14 days to approve or reject the subtenant. Rejections must be based on specific legal reasons, such as financial responsibility or household size. If the landlord does not provide a written rejection within 14 days, consent is automatically granted.
California
Subletting in California is popular due to the high costs of rent, but it’s also confusing. California Code, Civil Code - CIV § 1995.210-270 declares:
- If your lease does not restrict subletting, it’s safe to assume you can sublet.
- You cannot sublet if your lease restricts it; however, your landlord can allow you to sublet with written approval.
- Your landlord is entitled to some or all of the rent your sublessee pays if your lease restricts subletting, but your landlord gives you written approval.
San Francisco, Oakland and Berkeley passed laws to protect renters in roommate/subletting situations. If you live in one of these cities, your landlord can neither deny you the right to nor evict you for replacing a roommate or subletting a room without their consent.
Delaware
Delaware code Title 25 - Chapter 55 Section 5508 states that tenants can sublet their apartments as long as the lease does not prohibit it. The law does not require your landlord’s approval to sublet; however, we recommend that you at least notify the landlord that you’ll be subletting and who the sublessee(s) are.
Georgia
The Georgia Landlord Tenant Handbook states that your lease determines whether you’re allowed to sublet or not. If your lease doesn’t explicitly state whether you can sublet, contact your landlord for approval.
Hawaii
Hawaii Statute Title 28 Chapter 521 Section 37 states that tenants can sublet their apartments without their landlord's approval as long as their lease does not prohibit subletting.
Idaho
According to the Idaho Landlord and Tenant Manual, tenants can sublet their rental unless the lease explicitly forbids it. However, the original tenant remains responsible for the property and lease obligations, even after subletting to another person.
Illinois
Tenants in Illinois may sublet their apartment if their lease allows it. According to theIllinois State Bar Association, most leases require tenants to get written approval from their landlord. While it’s legal to sublet without the landlord’s approval if your lease does not prohibit it, we recommend notifying your landlord that you’re subletting and who the sublessee is — it’s the best way to make sure you’re legally protected in case anything happens.
Iowa
Iowa’s Landlord-Tenant Law gives tenants the right to sublet their rental if their lease doesn’t prohibit subletting.
Kansas
According to Kansas Statute 58-2511, it’s illegal for tenants to sublet a part or all of their rental without written consent from their landlord. The law doesn’t say how long landlords have to respond to sublet requests or on what grounds they can deny a request. In situations like this, we recommend using the same requirements your landlord used when you applied for the lease. It’s not a guarantee, but it gives you a better chance of getting approval if your sublessee is someone to whom your landlord would give their lease.
Louisiana
Louisiana Civil Code 2713 states that subletting is legal in Louisiana as long as the lease doesn’t forbid it.
If you decide to sublet in Louisiana, keep Louisiana Revised Statute 9:3251 in mind. This statute states that lessors (tenants) must transfer their original security deposit to their sublessee. Once the sublessee ends the sublease, they’re responsible for returning the security deposit to the original tenant.
Maine
To put it simply, tenants in Maine can sublet even if their lease prohibits subletting. If a landlord wants to prohibit subletting, Maine Revised Statute Title 11 §2-1303 paragraph eight states that they must make that clear in the lease, but it can’t stop a tenant from subletting, nor does it make the sublet ineffective. Landlords who aren’t in favor of the subletting situation can only do one of two things:
- Hold the tenant accountable for damages created by the sublessee
- Take the tenant to court
Maryland
Maryland state law does not state whether residents can sublet without their landlord’s consent. Some landlords include a clause in their lease agreements that prohibits subletting, but others fail to address this issue. The People’s Law Library of Maryland, a website maintained by the Thurgood Marshall Law Library, claims tenants don’t need their landlord’s consent to sublet if their lease doesn’t prohibit subletting.
Michigan
A Practical Guide for Tenants and Landlords by the Michigan Legislature states that it’s legal for tenants to sublet without notifying or requesting approval from their landlord if their lease neither forbids nor allows subletting. Be sure to check your lease first, as some landlords prohibit subletting in the lease agreement, while others demand that you get their written consent first.
Minnesota
According to the Minnesota Attorney General's website, tenants can sublet unless the lease explicitly prohibits it, though most leases require the landlord’s approval. Even after subletting, the original tenant remains responsible for rent, damages and lease obligations. To avoid disputes, it's best to have a written agreement signed by all parties.
Montana
While it’s legal to sublet in Montana, Montana Code Annotated (MCA) 70-24-305 requires tenants to get their landlord’s approval first.
Nevada
In Nevada, your lease determines whether you can sublet. Nevada Revised Statute (NRS) 40.2514 finds tenants who sublet when their lease prohibits it guilty of unlawful detainer and subject to eviction.
New Jersey
The New Jersey Lease Information Bulletin states that tenants may be able to sublet if their lease doesn’t prohibit it, but it doesn’t say if landlord approval is needed.
New York
New York Real Property (RPP) Law Article 7 Section 226-B states tenants have the right to sublease with their landlord’s written consent. To get consent, tenants must submit a request for approval containing:
- The length of the sublet
- The prospective sublessee’s name and address
- Their reason for subletting
- Their current address or the address of the apartment/home that will be sublet
- Written consent of cotenants, if any
- A copy of the sublease agreement
Landlords have 30 days from the date the request was sent to respond. If a landlord denies a request, they must include their reasons for denial in their response. Failure to respond within 30 days or with reasonable reasons for denying gives tenants the right to sublet and recover any attorney or court fees they may incur if the landlord takes them to court.
Oregon
Oregon Revised Statute (ORS) 90.555 states that tenants who want to sublet for more than three days need a written agreement between them, the sublessee and the landlord. The subleasing agreement needs to include a clause requiring the sublessee to pay rent directly to the landlord and a clause giving the sublessee the same rights. However, the law doesn’t give tenants the right to sublet if their lease prohibits it.
South Carolina
South Carolina Code of Law 27-35-60 forbids subletting without getting written approval from your landlord first.
South Dakota
South Dakota Codified Law 43-32-17 requires tenants to get their landlord’s approval before subletting.
Texas
Texas Property Code Sec. 91.005 states that subletting is illegal if tenants don’t have their landlord's consent.
Virginia
Virginia’s Residential Landlord and Tenant Act (§ 55.1-1200) gives landlords 10 business days, starting from the day they receive the request, to approve or deny a sublet approval request. By law, tenants can assume consent is given if their landlord hasn’t responded within 10 business days.
Frequently Asked Questions About Subletting
What is the point of subletting?
Subletting allows you to temporarily hand over your lease to someone else without breaking your rental agreement. This can be helpful if you need to move before your lease is up while avoiding costly penalties. It also benefits sublessees by giving them short-term rental options without signing a long lease.
Is it risky to sublet?
Subletting comes with some risks, especially since the original tenant remains responsible for the lease. If the sublessee fails to pay rent, causes damage, or violates lease terms, you could face eviction or legal trouble. There’s also the risk of an unreliable tenant overstaying their welcome. To minimize these risks, always screen subletters carefully, draft a detailed sublease agreement, and, if possible, collect a security deposit. Checking your state’s subletting laws and getting landlord approval can also help protect you.
Can you get in trouble for subletting?
Yes, you can get in trouble for subletting if your lease explicitly prohibits it or if you sublet without your landlord’s approval (where required). Unauthorized subletting can lead to fines, eviction or even legal action. Some states have tenant-friendly laws that allow subletting unless the lease states otherwise, while others give landlords full control over sublet permissions. To avoid potential issues, always check your lease, understand local laws, and get written consent from your landlord before subletting.
Is letting a friend stay subletting?
It depends on how long they stay and whether they contribute to the rent. If a friend crashes at your place for a few nights or even a couple of weeks without paying rent, that’s just having a guest. However, if they start paying rent or staying for an extended period, it could be considered subletting, especially if they take over your lease while you’re away. Some landlords and leases have specific rules about long-term guests, so it’s best to check before making arrangements.
How long can a guest stay before being considered a tenant?
The answer varies by state and lease agreement, but in many cases, a guest staying for 14 to 30 consecutive days (or frequently over a period of time) may be considered a tenant. Some leases specify a maximum stay for guests, while others leave it up to the landlord's discretion. If a guest receives mail at the property, contributes to rent, or starts using it as their primary residence, they could be legally considered a tenant, even without a formal lease. Always check your lease to avoid unintended subletting.