Renting

Looking to sublet? How to do so successfully.

Pay particular attention to the lease agreement.

Be cautious of sublease provisions in your initial lease. istockphoto.com

December 22, 2023

2 minutes to read

Whether you’re temporarily relocating for a job, moving home from college for the summer, or just have a vacant room, you may find yourself wanting to sublet the space to someone.

A sublease is when the primary tenant leases space to a third party, usually for a short period of time.

“You have to be very careful,” Noel Di Carlo, a Boston area attorney and partner at Warshaw, Di Carlo and Associates, said. “You also want to carefully vet who you are putting in there, since you remain on the hook.”

Read the lease agreement closely

If you are a renter looking to sublet, it is important to read the lease agreement and look for clauses regarding subleasing. Some landlords may require that only the people named on the lease can live in the unit. There may also be provisions that prohibit subletting in general or subletting without approval from the landlord.

Consult your landlord

Prior to having the subletter move in, it is vital that the tenant consults the landlord about the new resident. The landlord may even ask the sublessee to submit an application.

The tenant remains responsible

Even though the subletter is occupying the apartment or room while the tenant is gone, the tenant is still responsible for the rent, damages, and other stipulations of the original lease. A tenant may ask the subletter to pay for any damage that prompts the landlord to dip into the security deposit.

“The biggest thing is that you’re on the hook for is the rent. If they don’t pay, the landlord is going to say ‘Great, I can name all of you on a non-payment action because you’re all still responsible,’ ” Di Carlo said. “Saying, well, I no longer live there and you allowed the sublet is not good enough.”

Di Carlo also warned renters who want to sublet their apartments, especially via short-term leases, that the subletter may refuse to leave. The landlord most likely won’t evict them, she said, leaving the original tenant with no place to go.

“You almost take on a pseudo-landlord responsibility in a weird way because the person you are choosing is going to comply with the terms of the lease and comply with the terms of your agreement,” Di Carlo said. “You take on the risk that if they don’t, you have to suffer the consequences of that either financially or otherwise.”

Looking to sublet? How to do so successfully.