Subletting an apartment means renting all or part of an apartment you already lease to another person, known as a subtenant. The original tenant keeps their lease with the landlord but makes a separate rental agreement with the subtenant.
For example, imagine you rent an apartment for 12 months but need to leave town for the summer. Instead of ending your lease, you may be able to sublet the apartment to someone else for three months. That person pays rent under the sublease agreement, while you generally remain responsible for your original lease.
Subletting can also involve renting out one room while continuing to live in the apartment. Whether it is allowed depends on the lease terms and applicable state or local laws.
What Is Subletting an Apartment?
Subletting is an arrangement where an existing tenant rents all or part of their rental property to another person without ending the original lease.
There are usually three people involved:
- Landlord: the property owner or authorized landlord.
- Original tenant or sublessor: the person who originally rented the apartment and is now subletting it.
- Subtenant or sublessee: the person who rents the apartment or part of it from the original tenant.
In a standard sublet, two separate rental relationships exist.
The first is the original lease between the landlord and the original tenant.
The second is the sublease between the original tenant and the subtenant.
The original tenant remains on the main lease. The subtenant does not automatically replace that person as the landlord’s tenant.
According to Cornell Law School’s definition of a sublease, a tenant transfers an interest in the leased property to a subtenant while retaining an interest under the original lease.
A Simple Subletting Example
Sarah rents an apartment for $1,500 per month under a one-year lease.
Three months before the lease ends, she leaves the city for an internship and sublets the apartment to Mark for that period.
Mark pays Sarah according to their sublease. Sarah still has the original lease with the landlord and generally remains responsible for meeting its terms.
The key point is that Mark has not automatically taken Sarah’s place on the landlord’s lease.
How Does Subletting an Apartment Work?
The basic process can be understood in four steps.
1. The Original Tenant Has an Existing Lease
The tenant already rents the apartment directly from the landlord.
For example, the tenant may be six months into a 12-month lease.
2. The Tenant Makes a Sublease With Another Person
The original tenant agrees to let another person use all or part of the apartment for an agreed period.
That person becomes the subtenant.
A sublet might cover:
- the entire apartment;
- one bedroom;
- another agreed portion of the rental.
3. The Subtenant Pays Rent Under the Sublease
In a typical arrangement, the subtenant pays the original tenant according to the sublease terms.
The original tenant then remains responsible for paying the landlord under the original lease.
The exact payment arrangement can vary, so the written agreements matter.
4. The Original Lease Continues
Subletting does not usually terminate the original lease.
The original tenant remains connected to the landlord and generally continues to have obligations under that agreement.
Subletting is often used for temporary situations such as:
- a summer internship;
- studying abroad;
- temporary relocation;
- extended travel;
- spending part of the lease term somewhere else.
It does not have to involve the whole apartment. Someone may also sublet a room while continuing to live in the unit.
Who Is Responsible for Rent When an Apartment Is Sublet?
One of the most important things to understand about subletting is that the original tenant usually remains responsible to the landlord.
The relationships can be viewed separately.
Original tenant → Landlord
The original tenant generally remains responsible for complying with the original lease, including paying the landlord the required rent.
Subtenant → Original tenant
The subtenant is responsible for following the sublease agreement, including paying the agreed rent.
For example, suppose the subtenant fails to pay the original tenant one month. That normally does not automatically excuse the original tenant from paying the landlord.
In other words:
Subletting does not automatically release the original tenant from their lease obligations.
The specific rights and responsibilities can vary depending on the agreements and applicable law, so this general structure should not be treated as identical in every jurisdiction.
Is Subletting the Same as Renting or Assigning a Lease?
No. Regular renting, subletting, and lease assignment describe different arrangements.
| Arrangement | Meaning |
|---|---|
| Regular rental | A tenant rents a property directly from the landlord |
| Subletting | An existing tenant rents all or part of the property to another person while keeping the original lease |
| Lease assignment | The tenant transfers their remaining lease interest to another person rather than retaining it under a sublease |
Regular Renting
In a regular rental, the renter signs the main lease directly with the landlord.
There is no original tenant acting as an intermediate party.
Subletting or Subleasing
With subletting, the original tenant remains under the main lease and makes a separate agreement with the subtenant.
In everyday American English, subletting and subleasing are often used interchangeably.
Lease Assignment
A lease assignment involves transferring the tenant’s remaining lease interest to another person.
This is different from creating a sublease while keeping an interest in the original rental.
However, an assignment does not necessarily mean the original tenant is automatically free from every obligation. Whether the tenant is released can depend on the lease, landlord approval, applicable law, and how the transfer is documented.
The California Department of Real Estate’s guidance on subleases and assignments also distinguishes between these arrangements.
Do You Need Your Landlord’s Permission to Sublet?
Whether you need permission to sublet depends on your lease agreement and applicable state or local laws.
Some leases:
- prohibit subletting without landlord approval;
- allow it only with written consent;
- establish a specific approval process;
- restrict certain types of subletting.
Local law can also affect what the lease may require and what rights a tenant has.
For example, New York has specific rules for certain residential tenants who want to sublet, but those rules should not be assumed to apply elsewhere in the United States.
Before arranging a sublet, the most important documents and rules to check are the original lease and the requirements that apply where the apartment is located.
There is no universal U.S. rule saying that every tenant may sublet without permission, and there is also no single nationwide rule requiring the same approval procedure in every case.
What Are the Advantages and Risks of Subletting?
Advantages for the Original Tenant
Subletting can make it possible to temporarily leave an apartment without immediately giving up the original lease.
Potential advantages include:
- having someone use the apartment during an absence;
- receiving rent from the subtenant;
- keeping the original lease while temporarily living elsewhere.
Advantages for the Subtenant
For the subtenant, a sublet can provide housing for a limited period without signing a completely new long-term lease directly with the property owner.
This may be useful for internships, temporary work assignments, or other short stays.
Risks for the Original Tenant
The major limitation is continuing responsibility under the original lease.
Potential issues include:
- a subtenant failing to pay;
- damage to the apartment;
- violations of the original lease;
- arranging a sublet that the lease does not permit.
Risks for the Subtenant
A subtenant should also understand that the arrangement is connected to the original tenant’s lease.
Potential limitations include:
- a shorter or fixed sublease period;
- restrictions contained in the main lease;
- uncertainty if the sublet was not properly authorized.
Subletting an apartment means renting all or part of a home you’re already leasing to another person while keeping your original agreement with the landlord. The subtenant pays rent under a separate sublease, but the original tenant generally remains responsible for the main lease. Subletting can be useful for temporary moves or shared housing, although whether it’s allowed depends on the lease terms and local laws.