Sublease Basics: Renting Under an Existing Lease Agreement

Answer

A sublease allows a tenant (the sublessor) to rent out all or part of their leased property to another person (the subtenant) while keeping the original lease in force. In a typical U.S. sublease, the sublessor remains legally responsible to the landlord for rent and property condition, even though the subtenant pays and occupies the space.

Here’s what you need to know about subleasing:

• Landlord consent: Most leases require written permission before subleasing. Consent procedures vary by state and city—some jurisdictions (e.g., New York City, California) impose strict notice or approval rules.
• Sublease term: A sublease can run for any length, but it usually cannot exceed the remaining time on the original lease. Typical subleases span 3 to 12 months.
• Rent and deposits: The subtenant often pays rent directly to the sublessor, who in turn continues paying the landlord. Security deposits range between $200–$500 or equivalent to one month’s rent, depending on local norms.
• Liabilities and obligations: The sublessor remains fully on the hook for rent, repairs and lease compliance. If the subtenant defaults, the landlord can pursue the original tenant. It’s advisable to include clear terms in a sublease agreement.
• State-specific rules: Check your state or municipality’s laws. For guidance, visit the U.S. Department of Housing and Urban Development (HUD) or your local housing authority.

In practice, subleasing can help tenants cover rent during temporary relocations or change the unit size without breaking a lease. However, always verify your lease’s sublease clause and seek landlord approval first.

Before entering a sublease, it’s advisable to consult a licensed attorney or a local real estate professional. This ensures you understand state-specific requirements and protect your rights under both the original lease and the sublease agreement.