Question 1

Can my landlord refuse to let me sublet?

Accepted Answer

It depends on your lease and local law. Many leases prohibit subletting without landlord consent. In some jurisdictions (like New York City for buildings with 4+ units), landlords cannot unreasonably withhold consent. In others, a blanket 'no subletting' clause is enforceable. Read your lease first, then check local tenant protection laws.

Question 2

Am I liable if my subtenant doesn't pay rent?

Accepted Answer

Yes. As the primary tenant, you're fully responsible for rent regardless of what your subtenant does. If they stop paying, you must still cover the full rent to avoid lease violations. Your recourse is against the subtenant under your sublease agreement — but that's a separate legal action. This is the biggest risk of subletting.

Question 3

Can I charge my subtenant more than I pay?

Accepted Answer

It depends on jurisdiction. Some cities (like New York) limit the surcharge for sublets. In areas without rent regulations, you can generally set the sublet price at market rate — even if that's higher than what you pay. However, charging a significant premium could attract landlord scrutiny or violate lease terms. Check your lease for profit-sharing or anti-markup clauses.

Question 4

What should a sublease agreement include?

Accepted Answer

At minimum: term (start and end dates within the master lease period), rent amount and due date, security deposit, which utilities are included, house rules from the master lease, termination provisions, and a copy of or reference to the master lease. The subtenant should acknowledge they're bound by the master lease terms. Both parties should sign, and a copy should go to the landlord.

Question 5

What's the difference between subletting and having a roommate?

Accepted Answer

A roommate is typically added to the lease as a co-tenant with equal rights and responsibilities. A subtenant has a separate agreement with you, not the landlord. Co-tenants are jointly liable to the landlord; subtenants are liable only to you. Adding a roommate usually requires a lease amendment; subletting requires a separate sublease agreement.

Subletting Rights

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