
If you are moving out of town and plan not to return, try to end your lease with your landlord and avoid any possible headaches that may arise with subleasing your rental unit. It goes without saying that subleasing has its risks. In turn, the subtenant is liable to you for the rent he/she has not paid. For example, if the new subtenant does not pay rent for two months, you are liable to your landlord for that rent amount (and the inevitable late fees). If you choose to sublease, you will still remain liable to your landlord for all the terms under your lease agreement.

At the same time, the relationship between you and your landlord remains in tact. It is important to understand that you are creating a new and distinct legal relationship between yourself and the person to whom you are subleasing. For example, if the prospective tenant to sublease has a lower credit score than the landlord normally requires, the landlord may prohibit you from subleasing.ĭo: Understand Your Relationship Under a Sublease In San Francisco, you may replace any departing roommates on a one-for-one basis, as long as the replacement roommate meets your landlord's application screening standards. For example, in New York City, if you live in a building with four or more units, you may sublease your apartment regardless if the lease agreement prohibits subleasing. These laws may permit you to sublease even if your lease forbids it. Many states and local municipalities have laws governing a tenant’s right to sublease.

Whether or not your rental lease is silent on subleasing, consider contacting your landlord before subleasing to help maintain a good landlord-tenant relationship. However, most leases do require that you obtain your landlord’s consent to sublease as well as your landlord’s approval of any new subtenant. In general, if your lease doesn’t mention subleasing, it is usually permitted. Your right to sublease all or a part of your rental unit, which includes adding a new roommate, depends on whether your rental lease agreement allows it.

Get started Subleasing Do’s Do: Check Your Lease Agreement
