Subletting


To sublet is to rent part or all of the premises to another tenant for a period shorter than the original lease. Thus, either taking in a roommate whose name is not on the lease and who pays rent to the original tenant or renting the unit to someone else during a temporary absence constitutes subletting. A tenant who sublets part or all of the unit remains obligated to the landlord to comply with the lease requirements and may not charge more than the lawful rent to a temporary occupant nor more than a reasonable proportion of the lawful rent to a roommate.

Caution: Where specifically prohibited by the terms of the lease, subletting would be a violation of the lease and grounds for eviction. In the absence of a specific prohibition, tenants may sublet their units. If the terms of the lease provide that subletting is allowed subject to the landlord's approval, a commercially reasonable objection, e.g., the proposed tenant's financial responsibility or past rental history is generally required to justify withholding approval. Questions about whether a lease allows subletting should be directed to a private attorney.


This page was last updated 5/21/1995.