SUBLETTING FAQs

FAQs for Subletting

Q: What is subletting?

A: Subletting occurs when a landlord rents a property directly to a tenant and that tenant decides to let out part or all of the property to another tenant.

- A sublet is when tenant rents his rental property to someone else who is not on the original lease. Put simply, subletting is renting out the room or apartment that you’re currently renting to another person

Q: Can I sublet my apartment without telling my landlord?

A: If a landlord refuses to give you written permission to sublet your apartment, that if you decide to sublet without the landlord's permission, you risk that the landlord will try to evict you for violating your lease. As the original tenant, you will remain responsible to the landlord for the apartment or the rental unit.

Q:  Do landlords allow subletting?

A: You are only allowed to sublet if you have your landlord's consent. When you sublet, although you're still a tenant, you act as a landlord by leasing your rental unit to someone else, a subtenant.

Q:  What if my landlord doesn't know about my subletting?

A: If your landlord doesn't know about your subletting, he/she can take legal action against tenants that sublet their property without their permission.

Q: Can a tenant be evicted for subletting?

A: A tenant can be evicted for subletting, if it is against the tenancy agreement given by your landlord, and so your landlord will have a legal reasons to evict you.

Q: Does landlord need to collect security deposit from sub-tenant too? 

A: A landlord may ask a subtenant to pay a security deposit. However if a landlord has already collected a month's security deposit from the original tenant and then collects another month's deposit from the subtenant, she is in violation of the law.