Can I Sublet My Apartment?

You usually sign a written lease agreement when you rent an apartment. Most leases run for a set period of time, usually one year. Unfortunately, life doesn’t always align with our apartment lease. Sometimes, circumstances change. You may take a job in another city. You could meet your soulmate and decide to get married. Or you have a job change and can’t make your rent payments anymore. In those cases, you may want to sublet your apartment.

This article discusses subletting your apartment. State and local laws on this subject can vary. If you want to sublease your apartment, you should talk to a landlord-tenant attorney in your area. They can give you legal advice about your specific situation.

What Is Subletting?

Subletting is also called subleasing. It’s when the original tenant rents their apartment to another person. Subletting also applies to a rental house or a room in a home. Your sublet can be short-term or long-term. Before subletting, you must know whether you can do it under your rental agreement’s terms. You must also know about any city or state laws about subletting.

If you sublet, your name stays on the lease. That means you’re responsible for paying the monthly rent to your landlord. The subtenant or sublessee often pays their rent to you. A sublease agreement can lay out the terms of your relationship with your subtenant.

You should also check with your renter’s insurance policy if you’re subletting. You’ll want to ensure your insurance covers any personal items you leave in the apartment in you sublet it. You’ll also want to ensure you’re covered if someone gets injured in the apartment while you’re subletting it.

What Are State and Local Subletting Laws?

State and local subletting laws vary. Some jurisdictions let you sublet with the landlord’s permission. The landlord could be your property manager or the property owner. For example, in New York City, you can sublet with the landlord’s consent. The landlord has to consent to a reasonable request. For example, the landlord could refuse a potential subtenant who fails a credit check. Your landlord can’t refuse a subletter for discriminatory reasons.

In other areas, you can sublet without landlord approval. For instance, in Illinois, you can sublet without your landlord’s permission if your lease doesn’t have a subletting provision. Your landlord can’t unreasonably withhold consent if your lease allows subletting with your landlord’s consent.

What Are the Terms of Your Lease?

You can face eviction if you violate your lease. So, you must check your lease if you want to sublet. It may have specific requirements for subletting. It may also not allow you to sublet at all. For example, you may have to give your landlord notice. You may also have to get permission from your roommates.

You should have a sublease agreement if you sublet. It should cover who will be responsible for expenses. It should also cover the following topics:

• The rental amount
• To whom the sublessee should pay their rent
• The start and end dates of the sublet agreement
• How to terminate the agreement

The sublessee may have to pay a security deposit. If not, you can require one to cover any damages. Conducting a background check is also advisable.

Can I List My Apartment for Short-Term Vacation Renting?

People are making extra money by renting out extra space in their houses or apartments to short-term renters. Services like Airbnb and Vrbo make it easy. The above considerations apply if you want to post your apartment on one of these services. First, check your lease to ensure you’re allowed. You should also check your local laws, especially local zoning laws. Short-term vacation rentals may not be allowed in your area.

You should also exercise caution with using these services, as you want to make sure you will not be on the hook with your landlord if a short-term renter causes damage to your rental.

Contacting an attorney with experience in landlord-tenant law is a good idea if you’re considering subletting. They can help you understand tenant rights in your area.