What Is Subletting in Real Estate?

Subletting is when a tenant rents out all or part of their leased property to another person (a subtenant) while still remaining responsible to the landlord under the original lease agreement.

Subletting: Simple Definition

Subletting occurs when a tenant (the lessee) rents the property to another person, called a subtenant, for some portion of the lease term. The original tenant remains legally responsible for rent, damages, and all lease obligations.

Subletting is different from a lease assignment, where the entire lease is transferred to another party.

How Subletting Works

A tenant who wants to sublet typically must obtain written permission from the lessor or landlord, depending on state law and the terms of the lease agreement.

Key elements of subletting include:

  • The original tenant remains responsible for rent payments.
  • The subtenant pays rent to the tenant or directly to the landlord (if allowed).
  • The landlord can enforce lease rules only against the original tenant.
  • Subletting may be restricted or banned in the lease.

Subletting is common in college towns, job relocations, and temporary housing situations.

Types of Subletting

  • Full Sublet: The tenant rents the entire property to a subtenant for a set period of time.
  • Partial Sublet: The tenant rents out only a portion of the property (e.g., one room in a house or apartment).

In both cases, the original tenant remains fully liable under the lease.

Examples of Subletting

  • A tenant relocates for three months and sublets their apartment to a friend.
  • A college student sublets their room during the summer break.
  • A tenant rents out a spare bedroom to reduce monthly expenses.

Each example involves a tenant renting space to another person while remaining responsible to the landlord.

Subletting vs. Assignment

These terms are related but not the same:

  • Subletting: The original tenant stays on the lease and remains responsible.
  • Assignment: The tenant transfers the entire lease to another person and is typically released from obligations.

Subletting always creates a secondary lease relationship, while assignment replaces the original tenant.

Risks and Considerations

  • The original tenant may be liable for unpaid rent or damages.
  • Illegal subletting can lead to eviction or lease termination.
  • Landlords may require screening of the subtenant.
  • Some states and cities have strict subletting rules.

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