If you need to move out of your rental for a period of time—for example, to go home for the summer or to take an extended vacation—you might be wondering whether you can have someone else take your place (and pay your rent) while you're away. Depending on what your landlord says, you might have options.
A sublet can take a couple forms: It can be when you let someone live in your rental for a limited time, or it can be when you rent an extra bedroom to another occupant. When you sublet your rental, you become the landlord of the new person (the "subtenant"). You are still responsible for paying rent to your own landlord, and, if the subtenant doesn't pay you, you're still on the hook.
Sublets are ideal when you are going to be gone from your rental for a defined period of time and plan to return. When everything goes smoothly, the subtenant will pay you rent while you're away, and move out when you're back.
If you need to break your lease and move out permanently, assigning your lease might be a better option than subleasing. Under an assignment, the new tenant (the "assignee") replaces you under your lease, and typically pays rent directly to your landlord. Under some assignments, you'd be off the hook if the assignee doesn't pay the rent, but under most the landlord could still come after you for unpaid rent—it simply depends on the agreement you reach with your landlord.
Whether you can sublet your rental depends on the terms of your lease or rental agreement. Many leases and rental agreements either outright prohibit subleases or require the landlord's written permission to sublease.
If your lease or rental agreement prohibits subleasing, it really can't hurt to ask your landlord for permission anyway. Offer to screen any potential subtenant in the same way that your landlord screened you—for example, by running a credit report and checking references. Because you will still be responsible for paying the rent while you sublease, it's in your best interest to vet your subtenant regardless.
Even if you've orally discussed a sublet in person with your landlord, it's a good idea to follow up the request in writing. This ensures that you're both on the same page regarding the terms of the sublet, and gives you a written record to refer to if memories fail.
Use the sample letter below to prepare your own request to sublet. Include information on the proposed subtenant (along with a copy of their credit report). If you are just starting to look for someone to sublet your place, edit your letter to reassure your landlord that you are seeking candidates with good references and credit. Be sure to keep a copy of your letter or email (and the landlord's response) in your files.
401B Spruce Street
Chicago, Illinois 00000
April 11, 20yy
Anna Lopez
Lopez Realty
55 Maple Lane
Chicago, Illinois 00000
Dear Ms. Lopez,
I currently live at the above address, under a lease we signed 18 months ago.
I have a great opportunity to travel abroad this summer, and I would like your permission to sublet my apartment while I am gone (June 25 through August 25). I have lined up a long-time friend and excellent candidate for the sublet: Bill Levine. Bill is a graduate student at the U of C and can provide excellent references. I've attached a recent copy of Bill's credit report and he is happy to provide any other information you would like.
I understand that I will remain responsible for paying the rent and for all the terms of our lease during the period I will be out of the country, and that Bill will have no independent rights to the apartment. I hope to hear from you soon regarding this request and any additional information you would like.
Sincerely,
James Blake
[email protected]
312-555-1212
If your landlord refuses to allow a sublet, don't try to sneak in a subtenant without the landlord's knowledge. Doing so would put you at risk of eviction if the landlord found out.
If your landlord agrees to allow a sublet, put the arrangement in a writing signed by you, the landlord, and the subtenant.
Need a lawyer? Start here.