In Practice
Subletting (a sublease) is when a resident rents their unit, or a room in it, to someone else. The original resident stays on the lease and stays responsible to the owner. The subtenant has an agreement with the resident, not with you.
Most leases require written approval before anyone subleases, and many properties require the subtenant to pass screening. Some leases ban it entirely. State and local law can affect this, for example by giving residents a right to ask for a roommate or by requiring a reasonable response. Check your lease and local rules, and ask counsel before you approve or deny.
Example: a resident gets a job in another city mid-lease and asks to sublease for six months. You check your lease clause, screen the proposed subtenant the same way you screen everyone, and put the approval in writing.
The common mistake is ignoring an unapproved sublease. Unknown occupants create liability, safety and insurance issues. Another mistake is confusing it with a lease assignment, where the original resident leaves the lease. Know which one your policy allows.
Put your sublease policy in writing and give it to every new resident at move-in. It sets clear expectations and gives you a clean answer when someone asks.
Sublease: Common Questions
What is a sublease?
It is when a resident rents their unit, or part of it, to another person while staying responsible under the original lease.
Is subletting allowed in apartments?
It depends on the lease and local law. Many leases require written approval, and some prohibit it.
Sublease vs lease assignment: what is the difference?
In a sublease the original resident stays on the lease. In an assignment the new person takes over the lease and the original resident may be released.
