{"id":29906,"date":"2018-12-19T16:42:08","date_gmt":"2018-12-20T00:42:08","guid":{"rendered":"http:\/\/dolly.com\/blog\/?p=3963"},"modified":"2026-04-28T07:53:55","modified_gmt":"2026-04-28T14:53:55","slug":"ultimate-guide-subletting-sublet","status":"publish","type":"post","link":"https:\/\/www.taskrabbit.com\/blog\/ultimate-guide-subletting-sublet\/","title":{"rendered":"The Smart Renter’s Guide to Subletting"},"content":{"rendered":"\n

We\u2019ve got great tips for subletting, but we\u2019re no replacement for professional legal counsel. For specific recommendations and legal review, call a lawyer. <\/em>
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There\u2019s plenty of renting jargon to confuse new and seasoned renters alike, and one word in particular can stump even the most experienced renter: subletting. Knowing what this means–and how it\u2019s different from renting or holding a lease takeover–can save you not only from embarrassment, but from legal implications that can result in huge costs, lost landlord references, and even eviction.
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Whether you\u2019re looking to sublet your apartment for the first time, or need a brush-up on the legal side, we\u2019re here to help with a comprehensive guide to subletting, covering everything from definitions to how you should find a good subletting candidate.
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What Does Subletting Mean?<\/strong><\/h2>\n\n\n\n

If you\u2019ve ever found yourself paying rent for a month despite spending the entire month not in your apartment, you probably should\u2019ve sublet it. The legal definition of subletting<\/a> describes it as being a subtenant to an existing tenant or renter. In other words, a sublet allows someone to lease a space through an existing tenant instead of directly through a landlord, in which the renter functions as a middleman.
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How Does Subleasing Work?<\/strong><\/h2>\n\n\n\n

When entering a sublet agreement, you should have exactly that: a written, signed agreement between the tenant and the subletter. You can find a basic template for a subletting agreement <\/a>online, but even more customized agreements will echo the same ideas: when you\u2019re a subletter, you don\u2019t have the same rights (or the same responsibilities) as a tenant.
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One of the key parts of this is how rent is paid. While a subletter will still pay rent, that money must go through the renter (unless agreed upon otherwise with the landlord). Overall, this means the renter is financially responsible if the subletter doesn\u2019t pay rent, as they\u2019re still expected to pay it. If a subletter doesn\u2019t pay rent, they can\u2019t be evicted. But if a tenant doesn\u2019t pay rent to their landlord, they absolutely can be. Some landlords will accept terms that allow the subletter to pay them directly, but standard agreements requires the tenant to pay rent directly.
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That also means the subletter is not responsible for the maintenance agreed to in the lease, unless stipulated in their subletter agreement. If a subletter causes damage to the unit that dips into the security deposit, the tenant will lose the money–not the subletter.
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What it Means to Sublet vs. Rent<\/strong><\/h2>\n\n\n\n

The key distinction between subletting and renting lies in financial responsibility. All security deposits, rent, and administrative costs are owed by a renter. But a subletter only owes the agreed upon rent to the tenant–which may be lower or higher than the rent stipulated in their lease terms. They are not responsible for any security deposits or administrative fees required by a landlord in the lease agreement, unless stipulated in the subletter agreement.
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A renter may go directly to their landlord for maintenance or rent payment, but a subletter does not. In a sublet, the tenant acts as a middleman between the subletter and the landlord, though these rules are sometimes flexible when signing the sublet agreement, and may depend on the subletting terms stated on the tenant\u2019s lease (more on that legalese below).
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Sublet vs. Lease Takeover<\/strong><\/h2>\n\n\n\n

A lease takeover and a sublet, while they often may happen as a result of the same circumstances, are very different. In a lease takeover, the new party takes over the terms of the lease, including rent, security deposit, and administrative fees, in exchange for being the listed party on the lease agreement. When a lease takeover occurs, the original tenant is released of responsibilities related to the lease when the new tenant signs.
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Lease takeovers are typical when a tenant is leaving their unit permanently, but does not want to break the lease. While lease takeovers are much rarer than sublets, they essentially allow a tenant who otherwise would have to pay excessive fees or continue paying unwanted rent to find a replacement for themselves who would gladly agree to the same terms. Not every landlord is open to lease takeovers, but if it is an option and you don\u2019t plan to return to your unit, it may be in your financial favor.
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How Do I Know if I Can Sublet My Unit?<\/strong><\/h2>\n\n\n\n

When finding out if you can sublet your home, the first place you should look is your local laws. Some states require you to obtain permission from your landlord to sublet, others require subletting to be an option (and in those states, any provisions in your lease saying otherwise are null and void). Start with state laws, then check city. If you live in a larger city, you may find the laws around subletting are stricter, or just require more details than what\u2019s required on the state level.
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Next up, check your lease. If you live in a state that requires your landlord\u2019s permission to sublet, it will state in your lease whether subletting is permitted. If what your lease says contradicts with local law, it\u2019s time to talk to a lawyer. Flip<\/a>, a rental marketplace for sublets and lease takeovers, offers great advice on the legal side of subletting on their blog<\/a> that may be able to help before getting a lawyer involved.
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When Should You Sublet Your Unit?<\/strong><\/h2>\n\n\n\n

Subletting your apartment makes perfect sense if you\u2019re going to be out of the unit for more than a month, but don\u2019t want to break your lease. It\u2019s also a fair option if you\u2019re leaving most of your furniture and some of your possessions behind, as many people who sublet may not have the extensive furniture necessary to furnish a whole apartment.
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When Should You Be a Subletter?<\/strong><\/h2>\n\n\n\n

Signing a sublet agreement is a great option if you want semi-permanent housing without the long-term commitment of a lease. For this reason, it\u2019s extremely popular among college students, who often use sublets if they\u2019re planning to spend a semester abroad or transfer to a new university.
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If you\u2019re new to the area and aren\u2019t sure where you\u2019d like to live yet, subletting is also an excellent way to establish a home base without getting stuck in a permanent housing situation that makes you unhappy.
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The Legal Implications of Subletting<\/strong><\/h2>\n\n\n\n

As outlined earlier, not everyone is legally allowed to sublet their unit, but these legal implications are for those who are legally permitted to sublet. <\/em>
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Even when you\u2019ve entered a sublet agreement as the renter, your name is still on the lease, and that means you\u2019re still legally responsible for what your subletter does while living in your unit.
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If you\u2019re leaving furniture or personal property behind in your unit, you do put yourself at risk of theft and damage–which can be rather hard to prove, unless these items are individually identified as yours in your sublet agreement.
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On top of your personal property, you should be concerned about impersonal property, like your unit itself. If your subletter damages the space, that damage will be coming out of your security deposit. And if the damages exceed the deposit, you\u2019ll be held financially responsible.
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Above all, you have to worry about paying rent. Since you\u2019re the middleman, you owe the rent, whether your subletter pays it or not. This is why it\u2019s so important to check references (more on that below) and run a background check on your subletting candidate if you can. Ultimately, you are responsible for whatever your subletter does, so it\u2019s up to you to make sure they\u2019re the best tenant possible.
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How to Sublease an Apartment<\/strong><\/h2>\n\n\n\n

Before you get ahead of yourself and print out a sublet agreement, here\u2019s every step you should follow to sublease your home.
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  1. Make sure you\u2019re allowed to sublet.<\/strong> In addition to reviewing local laws and your lease, now is a good time to communicate to your landlord that you\u2019ll be leaving temporarily, and a subletter will be taking over. They may have a subletter agreement they\u2019d like you to use, or provisions they\u2019d like to see included in your version of the agreement.<\/li>
  2. Find a great sublet candidate<\/strong> (more on how to do this below). You can use sites like Flip<\/a>, Craigslist<\/a>, and even Facebook marketplace<\/a> to advertise your sublet. Once you\u2019ve received a few candidates, review and narrow down to your favorite. <\/li>
  3. Set up your sublet agreement.<\/strong> Write out your agreement and sign it alongside the subletter. If you\u2019d like a good faith deposit to establish your subletter\u2019s intent, now is the time to ask for it.<\/li>
  4. Go to your landlord for final approval.<\/strong> You should collect all correspondence with your landlord throughout the subletting process, but this stage is particularly crucial. Some landlords will want to perform background and credit checks on the tenant to ensure they\u2019re up to scruff, or just meet them and give them the okay.<\/li>
  5. Once your landlord gives the okay, start subletting.<\/strong> Make sure to get the final approval from your landlord in writing (email is fine, too). Once they\u2019re okay with it, your subletter can move in whenever they were scheduled to do so in their subletter agreement. <\/li><\/ol>\n\n\n\n

    How to Find and Vet a Good Subleasing Candidate<\/strong><\/h2>\n\n\n\n

    Setting up a sublet agreement is half the battle–finding a good subletter who won\u2019t let you down is a task that\u2019s even more labor intensive, and has even more risk if you get it wrong. But before you can find the right candidate, you need to find candidates to choose from in the first place. Check out these sites to find a subletter:<\/p>\n\n\n\n