Subletting Your Apartment: Legal and Practical Steps
A step-by-step guide to legally subletting your apartment, from getting landlord approval to screening tenants and protecting your security deposit.
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Legal Groundwork
Review your lease for subletting clauses
About 60% of leases either prohibit subletting entirely or require written landlord approval. Look for sections labeled 'Assignment and Subletting' or 'Transfer of Tenancy.' Subletting without permission when the lease forbids it is grounds for eviction.
Find the subletting or assignment clause in your lease
Note whether prior written consent from the landlord is required
Request subletting permission from your landlord in writing
Send a formal written request (email or letter) with the proposed sublease dates, your reason for subletting, and your plan for tenant screening. In some states (e.g., New York), landlords cannot unreasonably withhold consent. Allow 10-14 days for a response.
Check local subletting laws in your city or state
Some cities have specific subletting regulations that override lease terms. San Francisco allows subletting with reasonable landlord consent regardless of lease language. Other cities have no protections, meaning the lease terms are final. A 15-minute search of your city's tenant rights website clarifies your standing.
Determine your liability during the sublease
As the original tenant, you remain liable to the landlord for rent and damages even while subletting. If your subtenant stops paying rent or causes $3,000 in damage, you are responsible. This is the single most important fact in any subletting arrangement.
Sublease Agreement
Draft a written sublease agreement
The sublease should include start/end dates, monthly rent amount, security deposit, house rules, and which utilities the subtenant pays. Free sublease templates are available from your state's tenant rights organization. Never sublet on a verbal agreement alone.
Specify exact move-in and move-out dates
List rent amount, due date, and payment method
Define which utilities the subtenant pays
Include terms matching or stricter than your original lease
Your sublease cannot grant permissions your original lease prohibits (like pets or smoking). Copy key restrictions from your original lease into the sublease. If your subtenant violates your main lease terms, you — not the subtenant — face consequences from the landlord.
Set a sublease rent that covers your costs
Most subtenants expect a discount of 5-10% below market rent since the arrangement is temporary and may lack the full protections of a direct lease. However, charging more than your actual rent is illegal in rent-controlled cities like New York and San Francisco.
Tenant Screening
Collect a rental application from every candidate
Request employment verification, 2 references from previous landlords, and a government-issued ID. Running a basic background and credit check costs $25-$40 per applicant through online screening services. The applicant typically pays this fee.
Verify employment and income (should be 2.5-3x the rent)
Contact at least one previous landlord for a reference
Meet every candidate in person at the apartment
An in-person meeting at the actual apartment lets you observe how the person treats the space and asks questions. Remote-only applicants who refuse to meet in person before signing are a red flag. Plan 20-30 minutes per showing.
Trust your instincts but verify with documentation
A friendly personality does not replace a verified rental history. The most common subletting disasters involve skipping the screening step because the person 'seemed great.' Every candidate should provide the same documentation regardless of first impressions.
Security Deposit and Finances
Collect a security deposit from your subtenant
Charge a deposit equal to one month's rent or your state's legal maximum for sublets. Keep this in a separate account — some states require deposits to be held in interest-bearing accounts. This deposit protects you since your deposit is still with the landlord.
Document the apartment's condition before the subtenant moves in
Take 50-100 dated photos of every room, including close-ups of walls, floors, appliances, and fixtures. Email these photos to the subtenant and get written acknowledgment. This is your evidence if the subtenant disputes damage deductions from their deposit.
Photograph every room including inside closets and cabinets
Document any pre-existing damage in writing with the subtenant
Set up a payment system that creates a paper trail
Accept rent via electronic transfer, check, or money order only — never cash without a signed receipt. Automatic recurring payments reduce the chance of late rent. Keep records of every payment for at least 1 year after the sublease ends.
Insurance and Risk Management
Review your renter's insurance policy for subletting coverage
Many standard renter's insurance policies do not cover incidents caused by subtenants. Call your insurer and ask specifically whether your policy remains active during a sublease. An additional rider for subletting costs $5-$15/month and is worth every penny.
Require the subtenant to carry their own renter's insurance
Include a renter's insurance requirement ($15-$30/month) in the sublease agreement. This covers the subtenant's personal belongings and provides liability coverage if they cause damage to neighbors' property. Request proof of insurance before handing over keys.
Remove or secure valuable personal items
Lock personal belongings you're leaving behind in a closet or storage unit. A sturdy padlock and a closet hasp cost under $30 and prevent both theft and accidental damage. If the apartment has a storage cage or unit, move valuables there instead.
Key Handover and Move-Out
Do a walk-through with the subtenant on move-in day
Walk through every room together, testing appliances, faucets, and locks. Show them the circuit breaker, water shut-off valve, and thermostat. Exchange contact information for the landlord, building maintenance, and yourself for emergencies.
Test all appliances and systems together
Share emergency contacts and building-specific info
Hand over only the keys specified in the sublease
Provide apartment keys, mailbox keys, and any building access fobs. Keep a spare set for yourself for emergency access (with proper notice as outlined in the sublease). Log the number and type of keys handed over in writing, signed by both parties.
Plan a move-out inspection date in advance
Schedule the move-out walk-through for the subtenant's last day. Compare the apartment's condition against your move-in photos. Process the security deposit return within your state's required timeline (typically 14-30 days) with an itemized deduction list if applicable.
Frequently Asked Questions
Is subletting legal in my state?
Subletting legality varies by state and city — in New York, tenants in buildings with 4+ units have a legal right to sublet with landlord consent (which cannot be unreasonably withheld). In states without specific subletting statutes, the lease terms control: if the lease says "no subletting," it's prohibited; if the lease is silent, most courts allow it with written landlord consent. San Francisco, Washington DC, and several other cities have tenant-friendly subletting laws that override lease restrictions in certain circumstances — check your local tenant rights organization for specifics.
Am I still responsible for rent if my subtenant stops paying?
Yes — as the original tenant ("master tenant" or "sublessor"), you remain fully liable to the landlord for all rent, regardless of whether your subtenant pays you. If your subtenant fails to pay or damages the unit, the landlord's recourse is against you, and you must separately pursue the subtenant for reimbursement. This is why collecting first month's rent plus a security deposit (equal to one month's rent) from your subtenant before they move in is critical protection.
How do I set the rent for a sublet?
In most states, you can charge your subtenant the same amount you pay in rent, but charging more than your lease rate is illegal in rent-controlled and rent-stabilized jurisdictions (New York, San Francisco, Los Angeles, and others). For market-rate apartments, pricing your sublet 5-10% below comparable rentals attracts higher-quality subtenants quickly since they're getting a deal. Include or exclude utilities based on what your lease covers — if utilities are in your name, build a flat monthly utility charge into the sublet rent to avoid chasing reimbursements.
What should a sublease agreement include?
The sublease should specify the exact dates of the sublet period, monthly rent amount and due date, security deposit amount and return conditions, which utilities the subtenant pays, and a copy of the original lease that the subtenant agrees to abide by. Include a clause requiring the subtenant to carry renter's insurance ($10-$20/month) naming you as an interested party, so you're notified if they cancel the policy. Both parties should sign, date, and keep copies, and the landlord should receive a copy if your lease requires it.