Legal Glossary
Subletting
Renting your leased space (or part of it) to another person while your original lease remains in effect.
Legal Definition
Subletting (also called subleasing) occurs when a tenant who has an existing lease agreement rents all or part of the leased premises to a third party (the subtenant or sublessee) for a period within the original lease term. The original tenant remains a party to the primary lease and retains legal liability to the original landlord — including for rent payment and property condition — even while the subtenant is in possession. Most residential and commercial leases require the landlord's prior written consent before subletting. Subletting without required permission is typically a material breach of the lease that can lead to eviction.
In Plain English
Subletting means you're renting your apartment or office to someone else while you're still on the lease. You stay responsible to your landlord — if your subtenant doesn't pay, you still owe the rent. If they damage the place, you're liable. Most leases require you to get the landlord's written permission first. Subletting without permission is a lease violation that can get you evicted. Common reasons people sublet: traveling for an extended period, needing to break a lease without paying the early termination fee, or renting a spare room to help cover rent. The key distinction between subletting and lease assignment is that subletting keeps you on the hook; assignment transfers your obligations to the new tenant entirely (which requires landlord approval and is less commonly permitted).
Real-World Example
Priya has 8 months left on her apartment lease when she accepts a temporary work assignment abroad. She finds a subtenant, gets written approval from her landlord, and sublets the apartment for 6 months. The sublease spells out the rent, the rules (no additional subletting, pets allowed per original lease, etc.), and the end date. Two months in, the subtenant stops paying rent. Priya's landlord doesn't pursue the subtenant — they bill Priya directly, because Priya is still the named party on the original lease. Priya must pay the rent and then seek reimbursement from the subtenant through small claims court.