Tenants Want to Sublet: Your Step‑by‑Step Process

Answer

When a tenant requests to sublet your rental unit, you need a clear, consistent approach. Subletting can protect your property income, but it also introduces risks if you don’t vet the new occupant or follow lease and state rules.

Start by reviewing your original lease agreement and state landlord‑tenant statutes. Many leases include a subletting clause that requires tenants to obtain written permission before assigning or subleasing. Some states (e.g., New York, California) prohibit landlords from unreasonably withholding consent—check local rules via HUD or your state housing agency.

• Written request: Require tenants to submit a formal sublet application outlining the proposed subtenant’s name, lease term, and contact details.
• Screen the subtenant: Run background and credit checks, verify income (at least 2–3× monthly rent), and collect references just as you would for the original applicant.
• Approve or deny: Respond in writing—state law often gives you 10–30 days to decide. Denials should cite objective reasons (e.g., poor credit score, insufficient income).
• Draft a sublease agreement: Include rent amount, term dates, security deposit provisions, and maintenance responsibilities. Clarify that the original tenant remains fully liable under the master lease.
• Collect new deposit or fees: You may require a separate deposit (commonly one month’s rent) from the subtenant. Keep funds in compliance with state security deposit limits (usually one to two months’ rent).
• Document condition: Perform a move‑in inspection with the subtenant, noting existing wear‑and‑tear to avoid future disputes.

During the sublease term, maintain communication with both parties. The original tenant stays responsible for rent payments, property damage, and lease violations. If the subtenant defaults, pursue remedies against the primary tenant per your lease and local law. Some landlords add a clause allowing them to pursue the subtenant directly in small claims court.

Handling subletting requests transparently reduces misunderstandings and legal risks. It’s advisable to consult a licensed attorney or a local real estate professional to ensure your subletting process aligns with state regulations and protects your investment.