What Is a Sublease?

A sublease is an agreement where the original tenant (known as the sublessor) rents out all or part of their rental to another tenant (called the sublessee), without terminating the original lease. In this setup, you’re still responsible for paying your landlord rent and maintaining the property under the original lease, while your new tenant lives in the rental and pays you rent. The sublease agreement will supplement your original lease, not replace it.

Whether you’re looking to free up some cash, keep your lease intact while you’re away, or simply need a place to land short-term, subleasing offers the flexibility most rental agreements don’t.

Sublease vs. sublet

Although sublease and sublet are often used interchangeably, they are not the same. In both arrangements, three parties are involved: the original tenant, a new tenant and the landlord. 

In a sublease, the original tenant has an agreement with a new tenant and remains responsible for the original lease. The landlord usually is not directly involved with this arrangement, though their consent may still be required. The new tenant is responsible for paying rent directly to the original tenant, and maintaining the property under the terms of a new sublease agreement.

In a sublet, the new tenant enters into an agreement directly with the landlord and not the original tenant. The original tenant will usually no longer be involved with the property, and all responsibilities shift to the new tenant under a new lease agreement.

How does a sublease work?

Subleasing lets you rent your apartment to a new tenant without breaking your original lease agreement. Say you have a lease ending in December, but you need to relocate for a temporary job assignment in September. To avoid breaking your lease, you find someone who can move in and pay you rent from September to December. This person becomes your sublessee (the new tenant to you), and you remain accountable for the lease to your landlord.

As the original lease holder, you’re still responsible for any damages or missed rent by your new sublessee while they occupy the property when you’re away.

How to sublease an apartment

1. Check your lease allows subleasing: Some lease agreements prohibit subleasing, so make sure you can sublease your apartment before taking any next steps. Your lease may also only allow partial subleasing (single room versus entire rental) or limit how long you can sublease for.
2. Request approval from your landlord: When subleasing is allowed, you usually have to notify your landlord and receive consent before you can sublease the rental. Some landlords may require an application from a sublessee, charge a subleasing fee, or rent increase.
3. Know your (sublessor) responsibilities: As the sublessor, you’re responsible for managing the primary lease agreement and ensuring the sublessee (new tenant) adheres to the sublease agreement terms. You’ll handle rent collection and address any issues related to the property.
4. Know the new tenant (sublessee) responsibilities: Your new tenant is responsible for paying you rent on time, following any property rules, and keeping the property in good condition throughout the sublease period.
5. Sign a sublease agreement: A sublease agreement protects both you (as the sublessor) and your new tenant (the sublessee). The sublease agreement should be in writing and include important details like length of stay, rent amount, utility costs and responsibilities to prevent misunderstandings and disputes during the sublease period.

When should you consider subleasing your rental?

Subleasing can be a good option in a few situations. Here’s when subleasing makes sense, and when to avoid it. 

When subleasing makes sense: 

• You’re temporarily moving, such as for school, work, or travel.
• You want to avoid breaking your lease, which often comes with termination fees. 
• You plan to return, and you don’t want to give up your rental completely. 
• You need help paying rent and want to split or transfer the cost. 

When to avoid subleasing:

• Your lease does not allow subleasing.
• You can’t find someone reliable to sublease to, which could put you at risk for missed rent or damages. 
• You want a clean break from the property and don’t want continued responsibility. 

Pros and cons of subleasing

Like any rental decision, subleasing comes with its own benefits and risks, regardless of whether you’re offering the sublease or taking it. 

For sublessors (the original tenant):

Pros: 

• Avoids breaking your lease and potential termination fees
• Save money by having the sublessee pay for all or part of the rent
• Maintain your lease without losing the unit

Cons:

• You remain legally responsible for the rental if your sublessee fails to pay or causes damage to the rental
• Finding a reliable sublessee can take time and effort, but is key to success 
• Not all leases allow subleasing, and some landlords may require you to go through additional steps before approval

For sublessees (the new tenant):

Pros:

• Flexible, short-term housing
• Units are often furnished
• Potentially lower rent, especially if the sublessor needs to move out quickly

Cons:

• Limited rights, compared to signing a lease directly with the landlord 
• Possibility of less stability when it comes to renewing the lease, if desired
• Potential for miscommunication due to multiple parties involved

How you can protect yourself during the sublease process

Whether you’re the one leaving the rental or moving in, protection starts from the beginning with proper documentation and communication.

If you’re subleasing your apartment: 

• Before taking any action, confirm your landlord allows subleasing and obtain written consent.
• Screen potential renters like any landlord would, including asking for background and credit checks and references.
• Once you’ve found a sublessee, seek landlord approval of the individual if necessary before finalizing. 
• Use a written sublease agreement that covers all details, including rent amount, payment terms, security deposit, dates, and duration of sublease, and property rules. 
• Inspect and document the unit’s condition before move-in, including taking photos, writing notes, and sharing all documentation with the sublessee. 
• Maintain clear lines of communication with both sublessee and landlord to ensure everything goes smoothly during the sublease period. 

If you’re subleasing an apartment:

• Ask to review the original lease so you understand all the terms and conditions you’ll need to follow, such as rules about pets, noise levels, and maintenance responsibilities. 
• Clarify whether a security deposit is required. 
• If you’re paying a security deposit to the sublessor, confirm they are responsible for returning it, minus any deductions allowed under your sublease agreement.
• Sign a formal sublease agreement that aligns with the original lease. 
• Verify landlord approval and get it in writing if possible. 
• Document the property’s condition upon move-in, and take photos and notes of the space, just like the sublessor. 
• Share the move-in condition documentation with the sublessor to prevent future issues. 
• Keep records of all payments and communication, including receipts, emails, and texts related to the sublease, as they can serve as evidence if any problems do pop up.

Is subleasing right for you? 

Subleasing can be a huge win-win for both parties in terms of flexibility, but only if you go in with your eyes open. Make sure you understand the terms of your lease, communicate clearly with all parties involved, secure landlord approval, and use a sublease agreement to help make sure that everyone involved is well informed to avoid common issues. 

If you're ready to find a new place or need a short-term rental yourself, Zillow’s Rental Search Center is a great starting point. Whether you're searching for sublease opportunities or something more long-term, you’ll find options tailored to your needs.