Apartment Tenant Rights: How to Know If It’s Legal for You to Sublet

Your apartment tenant rights may or may not include the right to sublet your apartment. Determining whether or not it’s legal for you to sublet the apartment is essential before you proceed if you don’t want to face a lawsuit.

Step 1: Check Your Rental Agreement

Your apartment tenant rights should be completely outlined in your rental agreement, so pull it out and carefully re-read it. If you do not see a section about subletting, you may still be able to legally sublet your apartment, but it’s essential that you have the subletting agreement written in a contract between you and your landlord. Do not sublet without a written contract between you and the landlord. A written contract between you and the person who sublets from you is not enough to save you from legal action.

Step 2: Discuss the Matter with Your Landlord

Whether or not your apartment tenant rights outlined in your rental agreement discuss your right to sublet, you must inform your landlord of the decision and receive her permission to proceed. If the rental agreement already covers subletting, an oral agreement between you and your landlord to proceed may be enough, but it doesn’t hurt to have the agreement in writing. Be sure to get a contract if subletting is not a part of the rental agreement. You may not sublet legally without your landlord’s permission.

Step 3: Sublet Wisely

When you sublet, you retain your apartment tenant rights, but they are not necessarily transferred to your own tenant. This is true for your responsibilities as a tenant as well. It will be you, not your tenant, who is responsible for rent and utility bill payment and for any damages to the apartment. Choose a tenant whom you can trust to make payments on time or require that they pay you so you can make the payments yourself and keep on top of the situation.