Picture this: You have six months left on your lease for your apartment in Dallas, TX, but just received a job offer at your dream company in a different city, leaving you no other option than to break your lease or pay both rents simultaneously. Maybe you’re taking the leap from renting to buying after finding your perfect home for sale in Portland, OR. Or, perhaps you’re traveling for a few months and don’t want to pay for the apartment you won’t be using.
Whatever your situation, subleasing your apartment can be a practical option. But how exactly do you sublease an apartment? This guide covers what subleasing is, how it differs from a lease assignment, the steps to follow, and how to find and screen a subtenant.
What is a sublease?
A sublease is an arrangement where you rent all or part of your home to someone else, called a subtenant or sublessee, while your original lease stays in place. You remain the tenant, or sublessor, and your subtenant usually pays rent to you. You then pay your landlord as usual.
That last part matters. Katie Mikles, brand and content lead at brightplace, explains why:
“Subleasing is one of the most common ways to leave an apartment before your lease is up, but it only works in your favor if you handle it carefully. Your name stays on the lease, so the landlord still holds you responsible. If your subtenant stops paying, or moves out and leaves a stained carpet and a deposit that won’t cover the repair, you’re the one who settles up.”
A sublease can cover an entire apartment or a single room. If you rent a house in Pittsburgh, PA and sublease one bedroom, for example, you still owe your landlord the full rent for the house.
Sublease vs. lease assignment
People often use “sublease” and “sublet” interchangeably, and the terms can vary by state and by lease. The more important distinction is whether your name stays on the lease:
- Sublease: You stay on the original lease and remain responsible to the landlord. Your subtenant answers to you.
- Sublet (lease assignment): The new tenant takes over the lease directly, and you step off it. This usually requires your landlord’s written agreement, and the new tenant becomes responsible to the landlord.
If your goal is a clean break, ask your landlord whether an assignment is an option. For example, if you’re moving out of an apartment in Miami, FL for good, an assignment may fit better than a sublease. If you plan to return or only need a temporary fix, a sublease may be the better match.
Things to consider before you sublease
Subleasing isn’t the right move for everyone. Before you start, consider:
- What your lease and local laws allow. Some leases prohibit subleasing, and others require landlord approval. Rules also vary by state and city.
- Whether paying to end the lease is simpler. If your lease is nearly over, breaking your lease may be easier than finding a reliable subtenant.
- How much time is left. If only a couple of months remain on your lease, it can be hard to find someone in time.
- Furnished or unfurnished. A furnished place may appeal to people who need short-term housing.
- Whether you’ll need access. If you plan to store belongings or return them, put that in writing.
- Your renters insurance. Check what your policy requires when someone else lives in your home.
It also helps to review your landlord’s responsibilities so you know what to expect when you ask for approval.
How to sublease an apartment in 6 steps
Rules differ by location, but these steps apply in most situations. Mikles also offers a practical summary of what to prioritize:
“Get your landlord’s approval in writing, and charge about what you pay, since a markup can breach your lease and is illegal in rent-regulated cities. Screen whoever takes over the way a landlord screened you: income, references, and a signed agreement. And don’t confuse a sublease with a lease assignment, where the new tenant takes over the lease directly and you step off it.”
- Read your lease and check local rules. Look for language about subleasing, notice requirements, and fees. Review your renters insurance policy as well.
- Get your landlord’s approval in writing. Many leases require notice, sometimes a set number of days, and in a specific format such as email or paper. Keep a copy of the approval.
- Set the term, rent, and utilities. Short-term subleases generally run month-to-month or under six months, while long-term subleases run six months or more. Charge about what you pay, since a markup can create problems with your lease. For longer subleases, it’s often cleaner for the subtenant to put utilities in their name.
- Find and screen a subtenant. Start screening for tenants early so you have time to advertise, interview, and check references.
- Schedule a walkthrough. Walk the unit with your landlord or subtenant and document its condition with photos and notes before move-in.
- Sign a written agreement. Both parties should sign, and you should give your landlord a copy. If you collect a security deposit, check your state’s rules on how much you can charge and how it must be handled.
What to include in a sublease agreement
Your landlord may need to approve the agreement, and a local attorney can review it if you have questions. At a minimum, include:
- The property address and a description of the space
- Your name and contact information, plus your subtenant’s
- Start and end dates
- The terms of your original lease, which the subtenant agrees to follow
- Monthly rent, due date, and payment method
- Utility costs and who pays them
- Which rooms or areas the subtenant can use, if you’re subleasing a room
- Furniture that stays and anything you plan to take back
- Existing damage and who is responsible for future damage
- Signatures and dates from both parties
How to find and screen a subtenant
Word of mouth is often a good starting point to finding tenants, since people you know may refer to someone they trust. You can also ask your property manager if they have a listing platform, or post on social media and rental marketplaces. If you have roommates, include them in the search, since they’ll live with whoever you choose.
Screen a subtenant similarly to how your landlord screened you. Many renters ask about:
- Income and length of employment
- References from past landlords
- Number of occupants and any pets
- Desired move-in and move-out dates
- A credit and background check, which generally requires the applicant’s written consent
Many of the same factors landlords look at in rental applications apply here. Apply the same criteria to every applicant, and follow fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, disability, and familial status, along with any additional protections in your state or city.
Renters insurance and subleasing
Renters insurance typically covers your personal belongings at the address on your policy, so how it applies to a subtenant’s use of your space can depend on your insurer and your policy. Call your provider before the sublease starts to ask what’s covered, and whether the subtenant needs their own policy. Many people also keep a policy at their new address.
When subleasing may not be allowed
Subleasing can be restricted by your lease, your landlord, or local law. If your lease doesn’t mention subleasing, that doesn’t automatically mean it’s permitted, so ask your landlord and check your local rules. Allowing someone to move in without notifying your landlord can put you in violation of your lease. Check for red flags on your own agreement to spot restrictive clauses before you commit.
Final thoughts
Subleasing can ease the cost of leaving early or being away, but your name stays on the lease, so careful steps matter: written landlord approval, fair pricing, thorough screening, and a signed agreement. If you’re thinking about your next move from renting to owning, explore homes for sale on Redfin or connect with a Redfin real estate agent to talk through your options.
FAQ: How to sublease an apartment
1. Can I sublease if I’m on a month-to-month rental?
It depends on your rental agreement and local rules. Some month-to-month tenants find it simpler to give proper notice and end the tenancy than to bring in a subtenant. Check your agreement and ask your landlord which option they prefer.
2. Can I list my apartment on a short-term rental site instead?
Possibly, but it’s often more restricted than a standard sublease. Many leases and building rules limit short stays, and some cities regulate short-term rentals. Get your landlord’s approval in writing and check local rules before you list.
3. What can I do if my landlord says no to a sublease?
Ask for the reason in writing and review your lease to see how it handles approval. From there, you can ask whether a lease assignment or an early lease termination is an option, or find out if your city or state has tenant resources that can explain your rights. If you’re unsure, a local attorney can review your lease.
4. Can a subtenant leave before the sublease ends?
That depends on the terms of your sublease agreement, so it’s worth spelling out. Include how much notice the subtenant must give and what happens to the deposit if they leave early. Keep in mind that you remain responsible to your landlord for the original lease either way.
5. Do I need a written agreement if I’m subleasing to a friend?
Yes, a written agreement is a good idea even with someone you trust. It puts the rent, dates, deposit, and condition of the unit on record, so everyone knows what to expect. Your landlord’s approval still applies, so don’t skip that step.
Redfin does not provide legal, tax, or financial advice. This article is for informational purposes only and is not a substitute for professional advice from a licensed attorney, tax professional, or financial advisor.
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