Subletting for the Summer: What Your Lease Actually Says
You're heading home for the summer, traveling, or doing an internship in another city. Your lease doesn't end until September, and you're staring at three months of rent on an empty apartment. Subletting seems like the obvious answer — but getting it wrong can mean eviction and a broken lease on your record. Here's how to do it right.
Does Your Lease Allow Subletting?
Read your lease carefully — search for "sublet," "sublease," and "assign." Most leases fall into one of three categories: subletting prohibited (you can't do it without breaking the lease), subletting with landlord approval (most common — you need written permission), or subletting permitted (rare, and usually still requires notice). In some states — New York being the most notable — landlords cannot unreasonably refuse a sublet request even if the lease restricts it. If you're in NY and your landlord says no without a good reason, you may be able to sublet anyway under Real Property Law § 226-b.
How to Request Permission
Send a written request to your landlord at least 30 days before the sublet start date. Include: the subtenant's name and contact info, the proposed dates, and proof that the subtenant can pay (pay stubs, bank statement, or employer verification). Make it easy for the landlord to say yes. A professional request with a qualified subtenant gets approved far more often than a vague "hey, can my friend crash here this summer?"
Your Liability When You Sublet
This is the part most people miss: even when you sublet, you're still on the hook for the lease. If your subtenant doesn't pay rent, you owe it. If they damage the unit, it comes out of your deposit. If they violate lease terms, you could face eviction proceedings. Screen your subtenant carefully — check references, verify employment, and consider requiring a security deposit from them that matches what you paid.
Pricing and Platforms
Don't just post on Craigslist and hope for the best. Use your university's housing board, Facebook groups for your area, or dedicated platforms like Leasebreak or Sublet.com. Price your sublet at or slightly below market — charging more than your rent is called "profiteering" and some leases and local laws prohibit it. In rent-controlled or rent-stabilized units, charging more than your legal rent is illegal and can result in the subtenant claiming your unit.
●Frequently Asked Questions
Frequently Asked Questions
What if my landlord says no to subletting?
Check whether your state limits the landlord's ability to refuse. In New York, landlords can only deny a sublet for reasonable grounds. In other states, if the lease prohibits subletting, you're generally stuck. Consider negotiating a lease break instead — many landlords would rather let you out early (with a fee) than have a frustrated tenant or an empty unit.
Can I Airbnb my apartment instead of subletting?
Probably not legally. Most leases prohibit short-term rentals. Many cities have Airbnb regulations that require the host to be a primary resident or have a permit. Your landlord's insurance likely doesn't cover Airbnb guests, and if something goes wrong, you're fully exposed. Stick to a traditional sublet.
Do I need a written sublease agreement?
Absolutely. A handshake deal with a subtenant is asking for trouble. Your sublease should cover: rent amount and due date, security deposit, lease rules the subtenant must follow, who pays utilities, and what happens if either party needs to end the arrangement early. Template sublease forms are available online for every state.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.