How to Handle a Tenant's Request to Sublet
March 26, 2023Tenants ask to sublet for all kinds of legitimate reasons — a temporary job relocation, an extended trip, a personal situation — and how you handle the request depends heavily on what your lease already says about subletting.
1. Check what your lease already says
Most leases either prohibit subletting outright, require written landlord approval, or are silent on the issue (in which case state law and general contract principles typically apply). Your existing lease language determines your starting position before any specific request comes in.
2. Screen the subtenant like any other applicant
If you're open to allowing it, run the proposed subtenant through your normal screening process — credit, background, income verification — exactly as you would a brand-new applicant. Approving a subtenant sight-unseen skips protections your standard process exists to provide.
3. Keep the original tenant on the hook
In most sublet arrangements, the original tenant remains legally responsible for the lease even though someone else is living there and paying them — make this explicit in a written sublet approval, so there's no ambiguity about who you can hold responsible if rent goes unpaid or the unit is damaged.
4. Document approval in writing
Whatever you decide, put it in writing — a signed sublet addendum specifying the subtenant's name, the sublet period, and that the original tenant remains fully responsible for lease compliance protects everyone if a disagreement comes up later.
5. It's generally fine to say no
If your lease prohibits subletting or you're simply not comfortable with the specific situation, you're generally within your rights to decline — just be consistent in how you apply your subletting policy across different tenants to avoid any appearance of unequal treatment.
Frequently Asked Questions
Can I refuse a tenant's request to sublet?
Yes, if your lease prohibits subletting or requires approval you're not comfortable giving — most leases give landlords significant discretion here. Apply your policy consistently across tenants regardless of the specific decision you make.
Is the original tenant still responsible for rent if they sublet?
Generally yes, unless you specifically agree otherwise in writing — a standard sublet arrangement keeps the original tenant on the hook for the lease even though a subtenant is the one actually living there and typically paying them directly.
Should I screen a subtenant the same way I screen a new applicant?
Yes — treating a proposed subtenant with the same credit, background, and income screening as any new applicant protects you, since they'll be living in your property regardless of the fact that they're not the primary signer on the lease.
What's the difference between subletting and assignment?
Subletting means the original tenant remains on the lease and responsible, with the subtenant essentially renting from them. Assignment transfers the entire lease to a new tenant, releasing the original tenant from responsibility — most leases treat these very differently, so check which one is actually being requested.
Can I charge a fee for approving a sublet?
Some landlords charge a reasonable administrative fee to cover the cost of screening a subtenant, similar to an application fee — check whether your state places any limits on this kind of fee before setting an amount.