Sublease

What is a sublease?

A sublease is essentially a secondary lease within an existing lease. The original tenant (the sublessor) rents the property they’re leasing to a sub-tenant (the sublessee) for a shorter portion of their primary lease term. 

The sub-tenant pays rent to the original tenant, and the original tenant continues to pay rent to the property owner. The original tenant is also responsible for all other obligations in the primary lease agreement, such as property maintenance. 

Here are some common examples of when residential subleases are used. 

• College students who need a rental property for a semester
• Professionals moving cities mid-lease
• Tenants traveling abroad for several months
• Temporary work assignments in new locations
• Renters waiting for permanent housing to open up

Before creating a sublease, tenants should know that not all landlords allow them, and many require written permission first. Some jurisdictions also have specific laws restricting or regulating subleases, so be sure to research the rules for your area. 

FAQs

What do landlords think of subleasing?

Most landlords are cautious about subleases since they lose control over who lives in their property. This introduces risks for rent payments, property damage, and other lease terms. As a result, many landlords prohibit subleasing entirely or require consent before a tenant can enter into a sublease agreement. 

What is the difference between renting and subleasing?

Renting is a standard lease agreement between a landlord and a tenant, where the tenant pays the landlord directly. On the other hand, a sublease involves the original tenant and a third party who will lease the property for a temporary period and pay rent to the original tenant (who then continues to pay the landlord as normal). 

Can I get into trouble for subleasing?

If your lease agreement or local laws restrict subleasing, then yes, you can get into trouble for subleasing to someone else. It’s best to ask for your landlord's permission and review your original lease agreement to understand the terms—violating them could damage your rental history, lead to eviction, or result in financial penalties.

Is there a difference between subleasing and subletting? 

Yes. With a sublease, the original tenant rents to someone else but stays legally bound to their lease agreement. A sublet transfers the entire lease to a new tenant, who then takes over all financial responsibilities and deals directly with the landlord, effectively ending the original tenant’s involvement.