Sublease Agreements: Sublet Without Breaking Your Lease

A sublease lets someone take over your space while your name stays on the lease — and the original tenant remains fully liable.

Sublease vs assignment

A sublease gives the new occupant a derivative right under your lease; an assignment transfers it entirely. In a sublease you remain the master tenant — if the subtenant stops paying, you owe the rent.

What the law requires

Most states and leases require written landlord consent, which cannot be unreasonably withheld where the lease is silent — but a few states allow blanket prohibition in the lease text, so read yours.

The subtenant checklist

Written consent, a sublease agreement mirroring the main lease terms, the deposit handled between tenants (not with the landlord), and a move-in inspection with photos that protects both sides.

Rent and deposit flow in a sublease

The subtenant pays you, you pay the landlord — missing your payment does not excuse the subtenant’s obligation to you, and missing theirs does not excuse yours to the landlord. Collect a sublease deposit from the subtenant to cover your exposure, and return it on your own move-out standard. Never let the subtenant pay the landlord directly: it muddies who the parties are if anything goes wrong.

Frequently asked questions

Can the landlord profit from a sublease?

Some states cap sublet rent above the master lease rate; others leave it to negotiation.

Who does the subtenant answer to?

Only through you — the contract runs from subtenant to master tenant to landlord.