Whether you’re traveling for work, going on an extended vacation, or seeking ways to reduce your rent burden, subleasing your apartment can be a great option. But before you begin the subleasing process, it’s important to understand how to sublease both legally and safely. Here’s everything you need to know about subleasing your apartment!
What Is Subleasing?
Subleasing involves leasing your apartment to another person for a specified period of time. Depending on the situation, this new tenant could be a roommate who lives with you, or someone who temporarily takes over your space and rents it entirely. Subleasing can help you avoid the financial complications of breaking your lease (or paying for an empty space) when relocating for a job, studying abroad, or needing to move on short notice for other reasons.
However, subleasing comes with responsibility—you’ve already signed a lease, which means you’re still liable if anything goes wrong. Unlike subletting, which involves a new tenant signing a lease with the landlord, a sublease is an agreement between you and a new tenant. This subtenant will make rent payments to you, and you’ll be responsible for paying rent to the landlord as usual (per your original lease agreement).
How to Sublease Your Apartment
Think apartment subleasing might be the right choice for you? Follow these six steps to ensure you sublease your apartment the right way.
Step One: Check Your Lease & Get Approval
Review your lease agreement so you’re aware of any fees, rules, or restrictions regarding subleasing. Most leases require consent from the landlord before you can introduce a subtenant, and doing so without permission could lead to penalties or eviction. Even if your lease doesn’t explicitly address subleasing, it’s best to obtain written permission from your landlord so all parties are protected in case any disputes or issues arise during the subleasing process.
Step Two: Review Your Renters Insurance Policy
Before moving forward, take a look at your renters insurance policy to see if it covers any potential damage from subtenants. If not, consider adding additional coverage, or be sure to require your subtenant provides proof of their own renters insurance. This will help protect you from financial liability if any accidents or damages occur while a subtenant occupies your rental space.
Step Three: Research Local Subleasing Laws
Subleasing laws can vary by state, city, and county. Familiarize yourself with local rental laws—especially if you live in rent-controlled areas—to craft a subleasing contract that complies with all legal requirements. Researching subleasing early on in the process can also help you know how to determine a rent price that’s fair and competitive.
Step Four: Find a Subtenant
Finding a subtenant you trust is important for a smooth transition. Start by seeing if you can rent to family members or friends. If your apartment has a waitlist, consider asking your landlord if they know anyone currently interested in moving in. Or post your rental property on social media, Craigslist, Facebook Marketplace, or sublease websites like Sublet.
Once you’ve received responses, schedule renter screenings to get to know potential subtenants. Perform a thorough tenant background check by looking into their credit and rental history, confirming employment, and contacting references. Then conduct a tenant interview to learn about their reason for subleasing and desired rental terms. Be sure to also inquire about their lifestyle preferences, such as whether they have pets or smoke, to ensure compatibility with your rental agreement and any other tenants.
Step Five: Draft a Clear Sublease Agreement
Find the right person? Now it’s time to draft a formal, written sublease agreement. Contact your landlord to see if they have a form they’d like you to use, or search for a sublease agreement template that aligns with your needs. Specify the monthly rental rate along with start and end dates, including the payment schedule and details about how you’ll handle the security deposit. Be sure to factor in costs for utilities if they are not included in your rent. Outline any rules you may have for the subtenant, including consequences of damage or additional responsibilities expected of them. Attach a copy of your landlord’s written consent, and consider having your agreement reviewed by a legal professional for extra confidence.
Step Six: Finalize the Details
After you’ve finished creating the sublease agreement, both you and your subtenant will sign it. Then notify your landlord and submit the sublease agreement to them for a final signature. Keep a copy of this for your records. While your subtenant is living in your space, be sure to maintain regular communication with them as well as your landlord—and have a backup plan in place in case your sublease agreement falls through for any reason.
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