Can I Sublet My Apartment?

Sign a lease agreement with a sub-tenant before you leave your apartment for a long period.

Before you sublet or rent out your apartment, you must get approval from your landlord. If at all possible, sublet to someone you know. If you are familiar with the person to whom you want to rent your apartment, the chances that the sub-tenant will not pay his rent on time or damage the rental unit may be lower.

Landlord Permission

Although you might think that you have the right to do what you want with your apartment after you sign your lease and start paying rent, before you rent your apartment out to someone else in most states you must get your landlord's approval. To request your landlord's approval, you can send your landlord a letter via certified mail. Request a return receipt. In the letter, include your name and address and the name and address of the prospective sub-tenant. Also list the start and end dates that you want to rent out your apartment. In some states, you must also submit a copy of the sub-lease agreement to your landlord for review.

Landlord Responsibility

Your landlord can contact you and request additional information about the subletting arrangement or the prospective sub-tenant. Your landlord cannot ignore your sublet request; she must give you a final response. In New York, for example, your landlord must give you her final response within 30 days. However, your landlord has the right to deny your subletting request. Some states require your landlord to inform you of the reasons she denied your subletting request.

Knowing Your Sub-Tenant

If possible, rent out your apartment to people you know. You, not the sub-tenant, are responsible for ensuring that the rent is paid to your landlord on time. Furthermore, if the sub-tenant damages the apartment, you are responsible for the damages. For example, if person to whom you sublet your apartment kicks or punches holes in the wall, you are responsible for paying for the repairs. Before you move out, your landlord will likely deduct the costs of the damages from your security deposit.

Taking Inventory

Walk through the apartment with your sub-tenant. On the sub-lease agreement, list furniture that you are leaving at the apartment for the sub-tenant to use. Also consider getting a security deposit from the sub-tenant so you can cover the cost of damages the sub-tenant might cause to the rental unit. The amount of security deposit you request from the sub-tenant must comply with security deposit laws in the state where you sublet.

References

• Rent Law: Subletting
• Rocket Lawyer: How to Sublet Your Apartment
• Goitia Law Firm: Subletting

Resources

• Grimble & Loguidice: Your Rights to Sublet, Share and Assign Apartments
• Saint Mary's University: What Does Subletting Mean