Sublease: how subletting an apartment works and what to check

What is a sublease?

A sublease is an arrangement where a tenant rents all or part of their apartment to someone else, the subtenant, while the original tenant stays on the lease. The original tenant becomes the subtenant’s landlord. The building owner still deals only with the original tenant.

“Sublet” and “sublease” mean the same thing in practice. The two get confused with an assignment and with adding a roommate, which work differently:

Arrangement	Who’s on the lease	Who the landlord collects from	Original tenant still liable?
Sublease (sublet)	Original tenant only	Original tenant	Yes
Assignment	New tenant takes over the whole remaining lease	New tenant	Depends on the landlord’s agreement and state law
Roommate added to the lease	Both, as co-tenants	Both, usually jointly	Yes, usually for the full rent
Roommate not on the lease	Original tenant only	Original tenant	Yes

People often sublet for a summer job, a semester away, or when they need to break a lease but want to cover the rent.

Can I sublease my apartment?

Usually only with your landlord’s written consent. Most leases say so directly, and some states require consent by law. Start by reading the assignment and subletting clause in your lease agreement. If the lease is silent, your state’s default rule applies.

These rules vary by state. A few examples:

State	Rule on subletting
New York	In buildings with four or more units, tenants may sublet with the landlord’s advance written consent, which “shall not be unreasonably withheld.” If the landlord doesn’t respond within 30 days, consent is deemed given. Lease clauses that waive this are void (RPL 226-b).
Texas	A tenant may not sublet during the lease term without the landlord’s prior consent (Prop. Code 91.005).
California	If a lease requires consent but gives no standard for approving it, the law implies consent “may not be unreasonably withheld” (Civ. Code 1995.260).
Massachusetts	A lease may limit subletting. Where it’s allowed, the original tenant remains responsible for all lease terms (Attorney General’s 2025 guide).

Check your state’s landlord-tenant statute or attorney general’s guide for your own rules, and ask your city too. Rent-regulated units can have extra limits.

How to ask your landlord to sublet

Ask in writing and give the landlord enough information to say yes. New York’s statute is a useful model even outside New York, because it lists what a landlord can reasonably expect to see:

• The sublease term and start date
• The subtenant’s name and home and work addresses
• Why you’re subletting
• Where you’ll be during the sublease
• Written consent from any co-tenant or guarantor
• A copy of the proposed sublease

In New York, the request goes by certified mail, return receipt requested. The landlord may ask for more information within 10 days and must answer within 30 days. Other states don’t set a timetable, so keep a copy of whatever you send.

What goes in a sublease agreement?

A sublease agreement should cover every term the subtenant needs to follow and every promise you need from them. Attach a copy of your original lease, since the subtenant has to follow it too.

Parties and dates

• Names of the original tenant and subtenant
• Address and unit number, and which rooms the subtenant may use
• Start date and end date
• Landlord’s written consent attached

Money

• Monthly rent, due date and how to pay
• Who pays which utilities, internet and parking
• Security deposit amount and when it’s returned
• Late fee, if any, within what your state allows

Rules and condition

• Statement that the subtenant agrees to follow the original lease
• Rules on guests, pets, smoking and noise
• Move-in condition report with dated photos
• Who to call for repairs, and how the subtenant reports them
• Renters insurance requirement for the subtenant

Ending the sublease

• Move-out date and key return
• What happens if the original lease ends early
• Notice required if either side wants to end the sublease early
• Signatures and dates from both parties

What are the risks of subleasing for the original tenant?

The biggest risk is that you stay fully liable to the landlord for rent and damage, even though someone else lives there. New York’s statute and the Massachusetts Attorney General’s guide both say the original tenant remains responsible after a sublet.

That leads to four practical risks:

• Unpaid rent. If the subtenant stops paying, you still owe the landlord. Collect a deposit and the first month up front.
• Damage. Damage the subtenant causes beyond normal wear can come out of your security deposit.
• An unapproved sublet. Subletting without required consent can be treated as a lease violation. In New York, a sublet that doesn’t follow the statute is a substantial breach of the lease.
• A subtenant who won’t leave. Removing a subtenant can mean a formal eviction under your state’s rules, which takes time.

Screen a subtenant the way a landlord screens you: references, income, and a rental history you can check.

Does renters insurance cover a subtenant?

No. Your renters insurance doesn’t cover your subtenant’s belongings, and the subtenant needs their own policy. A renters policy typically covers the named insured and relatives in the household, as with a roommate; our roommates guide explains how named insureds work. TruStage notes that even if the primary tenant has insurance, it won’t help protect the subletter.

Your own coverage needs a look too:

• Tell your insurer you’re subletting. Policies cover your belongings at a residence you live in. If you’ve moved out for months, ask whether your policy still covers things you’ve left behind.
• Liability. If you’re still on the lease, a landlord may come after you for damage the subtenant caused. Ask your insurer how your liability coverage treats a unit you’ve sublet.
• Require coverage in the sublease. Ask the subtenant to show proof of their own renters policy before move-in, especially if your landlord requires renters insurance under the lease.

Is renting on Airbnb the same as subletting?

No. Short-term rentals, usually stays under 30 days, often face stricter rules than a regular sublet, from both landlords and cities. Many leases ban them outright even where ordinary subletting is allowed.

New York City is a clear example. Local Law 18 requires short-term rental hosts to register with the Mayor’s Office of Special Enforcement, and booking platforms may not process transactions for unregistered rentals. Stays of 30 consecutive days or more are exempt from registration. The city also keeps a list of buildings where short-term rentals are barred by law or lease.

Check your lease, your city’s short-term rental rules and your insurer before listing a room. Ask your insurer directly whether your policy covers paying guests, because a renters policy is written for the people who live there.

Bottom line

A sublease lets someone else live in your apartment while you stay on the lease and on the hook for rent and damage. Get your landlord’s consent in writing first, then sign a sublease agreement that covers money, rules and move-out. The subtenant needs their own renters insurance, and short-term rentals are a different, often stricter, set of rules. Check your state’s rules before you sign.

Laws change and vary by state and city. This guide is general information, not legal advice.