Subletting Laws by State: When a Tenant May Sublet
Whether a tenant may sublet an apartment, the 18 states with a statute on subletting, and who owes the rent during a sublease.
By Seayora Editorial Team · Published · Facts checked · 3 min read
Short answer: Whether a tenant may sublet is decided by the lease in most states. 18 states covered in this guide have a statute on the point: some give the tenant a right to sublet, some require the landlord’s consent, and some leave it to the lease. In every case the original tenant stays responsible for the rent during a sublease, because a sublease does not replace the lease.
Key takeaways
- In most states the lease decides whether a tenant may sublet.
- 18 states covered here have a statute on subletting or assignment.
- The original tenant stays liable for the rent during a sublease.
- An assignment transfers the whole lease; a sublease does not.
Can a tenant sublet without the landlord’s permission?
In most states the lease decides. Many leases forbid subletting or require the landlord’s written consent, and a tenant who sublets against the lease risks eviction. A smaller group of states have a statute on the point, and they differ: some give the tenant a right to sublet (in New York one a lease cannot take away), some require the landlord’s consent, and some leave it to the lease within limits the statute sets.
Which states have a sublet statute?
| State | Rule | Statute |
|---|---|---|
| Alaska | With the landlord’s consent, which may be refused only on listed grounds | Alaska Stat. § 34.03.060 |
| Delaware | Allowed unless the lease restricts it; consent may not be unreasonably withheld | 25 Del. C. § 5508 |
| District of Columbia | The lease may prohibit it, otherwise with the housing provider’s consent | D.C. Code § 42-3505.55 |
| Georgia | Only with the landlord’s consent | O.C.G.A. § 44-7-1 |
| Hawaii | Allowed without consent unless the written lease says otherwise | Haw. Rev. Stat. § 521-37 |
| Kansas | Only with the landlord’s written consent | K.S.A. 58-2511, 58-2512 |
| Kentucky | Only with the landlord’s written consent | KRS 383.180 |
| Louisiana | Allowed unless the lease prohibits it | La. Civ. Code art. 2713 |
| Missouri | Only with the landlord’s written consent | Mo. Rev. Stat. §§ 441.030, 534.347 |
| Montana | Only with the landlord’s written consent | Mont. Code § 70-24-305 |
| New Hampshire | Only with the landlord’s authorization | RSA 540-A:1, 540-A:3, 540-A:4 |
| New York | Right to sublet in buildings with 4 or more units | N.Y. Real Prop. Law § 226-b |
| Oklahoma | Only with the landlord’s written consent | 41 O.S. §§ 10, 11 |
| South Carolina | Only with the landlord’s written consent | S.C. Code § 27-35-60 |
| Texas | Only with the landlord’s prior consent | Tex. Prop. Code § 91.005 |
| Vermont | Landlord may prohibit or condition it in a written lease | 9 V.S.A. § 4456b |
| Virginia | Lease may require approval; landlord must answer within 10 business days | Va. Code § 55.1-1204 |
| Wisconsin | Allowed unless the lease restricts it; month-to-month tenants need consent | Wis. Stat. § 704.09 |
New York’s statute is the most detailed. In a building with four or more residential units, a tenant has the right to sublet with the landlord’s advance written consent, which may not be unreasonably withheld, and a landlord who does not answer within thirty days is treated as having consented. See New York sublet law.
Who is responsible for the rent during a sublet?
The original tenant. A sublease is an agreement between the tenant and the subtenant; it does not replace the lease. If the subtenant stops paying or damages the home, the landlord can still look to the tenant who signed the lease. An assignment is different: it transfers the whole lease to a new tenant, usually with the landlord’s consent.
How should a tenant ask to sublet?
- Read the lease’s sublet clause first, then the state’s statute if it has one.
- Ask in writing, and give the subtenant’s name, the dates and the reason.
- Keep proof of when the request was sent. Where a statute sets a deadline for the landlord’s answer, it runs from that date.
- Put the sublease in writing and attach a copy of the lease.
Frequently asked questions
Is subletting legal?
Yes, where the lease allows it or a statute gives the right. Many leases require the landlord’s written consent first.
Can a landlord refuse a sublet?
It depends on the lease and the state. Under New York’s statute, in buildings with four or more units, consent may not be unreasonably withheld. Elsewhere a lease can often forbid subletting.
Who pays the rent if the subtenant does not?
The original tenant. A sublease does not release the tenant from the lease.
State-by-state rules
- Can a tenant sublet? — compared across 17 states and the District of Columbia
Sources
- Alaska: Alaska Stat. § 34.03.060, Alaska Statutes (Alaska Legislature)
- Delaware: 25 Del. C. § 5508, Delaware Code (Delaware General Assembly)
- District of Columbia: D.C. Code § 42-3505.55, Code of the District of Columbia (DC Council)
- Georgia: O.C.G.A. § 44-7-1, Justia (unofficial copy of the code)
- Hawaii: Haw. Rev. Stat. § 521-37, Hawaii Revised Statutes (Hawaii State Legislature)
- Kansas: K.S.A. 58-2511, 58-2512, Kansas Statutes (Kansas Revisor of Statutes)
- Kansas: K.S.A. 58-2511, 58-2512, Kansas Statutes (Kansas Revisor of Statutes)
- Kentucky: KRS 383.180, Kentucky Revised Statutes (Kentucky General Assembly)
- Louisiana: La. Civ. Code art. 2713, Louisiana Laws (Louisiana State Legislature)
- Missouri: Mo. Rev. Stat. §§ 441.030, 534.347, Missouri Revised Statutes (Missouri Revisor of Statutes)
- Missouri: Mo. Rev. Stat. §§ 441.030, 534.347, Missouri Revised Statutes (Missouri Revisor of Statutes)
- Montana: Mont. Code § 70-24-305, Montana Code Annotated (Montana Legislature)
- New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
- New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
- New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
- New York: N.Y. Real Prop. Law § 226-b, New York Consolidated Laws (New York State Senate)
- Oklahoma: 41 O.S. §§ 10, 11, Oklahoma Statutes (Oklahoma State Courts Network)
- South Carolina: S.C. Code § 27-35-60, South Carolina Code of Laws (South Carolina Legislature)
- Texas: Tex. Prop. Code § 91.005, Texas Statutes (Texas Legislature)
- Vermont: 9 V.S.A. § 4456b, Vermont Statutes (Vermont General Assembly)
- Virginia: Va. Code § 55.1-1204, Code of Virginia (Virginia General Assembly)
- Wisconsin: Wis. Stat. § 704.09, Wisconsin Statutes (Wisconsin State Legislature)
How Seayora helps
Lease renewals: Seayora keeps every lease, its term and its signers in one record, so a sublet request is checked against the lease it actually amends.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
Related on Seayora
- Can a Tenant Sublet? Subletting Rules in New York, California and Texas — Guide. When a tenant may sublet: New York’s statutory right in buildings of four or more units, California’s reasonableness rule, and Texas’s consent requirement.
- New York Sublet Law: The Right to Sublease an Apartment — Guide. In New York buildings with four or more units, a tenant may sublet with the landlord’s consent, which cannot be unreasonably withheld. The steps and deadlines.
- Breaking a Lease by State: What the Tenant Owes — Guide. What a tenant owes after leaving a lease early, and the 34 states whose statutes say whether the landlord must try to re-rent the home.
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