Can a tenant sublet?

It depends on the state. Seayora holds a published statute for 17 states and the District of Columbia. The table below gives the figure for each, with the statute it comes from.

Subletting, state by state

StateSublettingSource
AlaskaWith the landlord’s consent, which may be refused only on listed groundsAlaska Stat. § 34.03.060
DelawareAllowed unless the lease restricts it; consent may not be unreasonably withheld25 Del. C. § 5508
District of ColumbiaThe lease may prohibit it, otherwise with the housing provider’s consentD.C. Code § 42-3505.55
GeorgiaOnly with the landlord’s consentO.C.G.A. § 44-7-1
HawaiiAllowed without consent unless the written lease says otherwiseHaw. Rev. Stat. § 521-37
KansasOnly with the landlord’s written consentK.S.A. 58-2511, 58-2512
KentuckyOnly with the landlord’s written consentKRS 383.180
LouisianaAllowed unless the lease prohibits itLa. Civ. Code art. 2713
MissouriOnly with the landlord’s written consentMo. Rev. Stat. §§ 441.030, 534.347
MontanaOnly with the landlord’s written consentMont. Code § 70-24-305
New HampshireOnly with the landlord’s authorizationRSA 540-A:1, 540-A:3, 540-A:4
New YorkRight to sublet in buildings with 4 or more unitsN.Y. Real Prop. Law § 226-b
OklahomaOnly with the landlord’s written consent41 O.S. §§ 10, 11
South CarolinaOnly with the landlord’s written consentS.C. Code § 27-35-60
TexasOnly with the landlord’s prior consentTex. Prop. Code § 91.005
VermontLandlord may prohibit or condition it in a written lease9 V.S.A. § 4456b
VirginiaLease may require approval; landlord must answer within 10 business daysVa. Code § 55.1-1204
WisconsinAllowed unless the lease restricts it; month-to-month tenants need consentWis. Stat. § 704.09

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

Only states where Seayora holds a published statute appear above. Where no statute is recorded, no figure is shown rather than a guess.

The answer in full, for the biggest rental markets

Can a tenant sublet in Texas?

In Texas, a tenant may not rent the leased property to anyone else during the lease term without the landlord’s prior consent. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is Tex. Prop. Code § 91.005.

More on Texas

Can a tenant sublet in New York?

In New York, a tenant with a lease in a building that has four or more residential units has the right to sublet with the landlord’s advance written consent, and the landlord may not unreasonably withhold that consent. The tenant must send the request by certified mail, return receipt requested, with the details the statute lists. A landlord who does not answer within 30 days after the request, or after any further information the landlord reasonably asked for, is treated as having consented. Assigning the lease needs the owner’s written consent, but an owner who unreasonably withholds it must release the tenant from the lease on 30 days’ notice if the tenant asks. A lease clause that waives these rights is void, and the section does not apply to public housing or to co-op proprietary leases. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is N.Y. Real Prop. Law § 226-b.

More on New York

Can a tenant sublet in Georgia?

In Georgia, a tenant has only the right to possess and use the property, and that right may not be transferred to anyone else without the landlord’s consent. A rental or lease of less than five years gives the tenant only this right of use unless the parties agree otherwise and say so in the contract. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is O.C.G.A. § 44-7-1.

More on Georgia

Can a tenant sublet in Virginia?

In Virginia, when a rental agreement lets the landlord approve or disapprove a sublessee or assignee, the landlord must decide within 10 business days of receiving the prospective sublessee’s or assignee’s written application. The application is made on a form the landlord provides. A landlord’s failure to act within 10 business days is evidence of approval. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is Va. Code § 55.1-1204.

More on Virginia

Can a tenant sublet in Alaska?

In Alaska, unless otherwise agreed in writing a tenant may sublet or assign only with the landlord’s consent, but the landlord may withhold that consent only on the grounds the statute lists. Each prospective occupant makes a signed written offer, and the landlord has 14 days after it is delivered to refuse in a signed written rejection stating one of the listed grounds, such as insufficient credit standing or financial responsibility, the number of people in the household, proposed pets or proposed commercial activity. If the landlord does not deliver a written rejection within 14 days, consent is conclusively presumed. If a rejection states none of the permitted grounds, the tenant may treat consent as given or end the rental agreement on at least 30 days’ written notice. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is Alaska Stat. § 34.03.060.

More on Alaska

Can a tenant sublet in Delaware?

In Delaware, unless otherwise agreed in writing, a tenant may sublet the premises or assign the rental agreement to another person. A rental agreement may restrict or prohibit assignment in any manner. It may restrict subleasing by making it conditional on the landlord’s consent, and that consent may not be unreasonably withheld. In a proceeding over whether consent was unreasonably withheld, the landlord has the burden of showing that it was reasonable. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is 25 Del. C. § 5508.

More on Delaware

Can a tenant sublet in District of Columbia?

In District of Columbia, a housing provider may prohibit subletting or assigning a lease, in its sole and absolute discretion, as long as the prohibition is included in the lease. Where the lease allows subletting subject to the housing provider’s reasonable consent, or is silent about subletting, the housing provider may make its consent conditional on the prospective subtenant meeting all of its reasonable rental qualification guidelines, and it must give those guidelines to the tenant on request. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is D.C. Code § 42-3505.55.

More on District of Columbia

Can a tenant sublet in Hawaii?

In Hawaii, a tenant may sublet the dwelling unit or assign the rental agreement without the landlord’s consent unless a written rental agreement says otherwise. A written rental agreement may make the tenant’s right to sublet or assign subject to the landlord’s consent. The right does not apply to a dwelling unit administered, owned, or subsidized by the United States, the State, a county, or any of their agencies. The lease can add its own conditions where the statute allows, so read the lease’s sublet clause together with this rule. This is Haw. Rev. Stat. § 521-37.

More on Hawaii

How Seayora uses this rule

Seayora keeps every lease’s term, rent and signers in one record and dates every change to it. This page states the state’s rule so a lease’s own early-termination and sublet clauses can be checked against it before the lease is signed.

Guides on this rule

Other rules compared across states

Every rule for one state

Related