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?

What the statute says about a residential tenant subletting or assigning, in 18 states. Select a state for its full answer.
StateRuleStatute
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

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

Sources

  1. Alaska: Alaska Stat. § 34.03.060, Alaska Statutes (Alaska Legislature)
  2. Delaware: 25 Del. C. § 5508, Delaware Code (Delaware General Assembly)
  3. District of Columbia: D.C. Code § 42-3505.55, Code of the District of Columbia (DC Council)
  4. Georgia: O.C.G.A. § 44-7-1, Justia (unofficial copy of the code)
  5. Hawaii: Haw. Rev. Stat. § 521-37, Hawaii Revised Statutes (Hawaii State Legislature)
  6. Kansas: K.S.A. 58-2511, 58-2512, Kansas Statutes (Kansas Revisor of Statutes)
  7. Kansas: K.S.A. 58-2511, 58-2512, Kansas Statutes (Kansas Revisor of Statutes)
  8. Kentucky: KRS 383.180, Kentucky Revised Statutes (Kentucky General Assembly)
  9. Louisiana: La. Civ. Code art. 2713, Louisiana Laws (Louisiana State Legislature)
  10. Missouri: Mo. Rev. Stat. §§ 441.030, 534.347, Missouri Revised Statutes (Missouri Revisor of Statutes)
  11. Missouri: Mo. Rev. Stat. §§ 441.030, 534.347, Missouri Revised Statutes (Missouri Revisor of Statutes)
  12. Montana: Mont. Code § 70-24-305, Montana Code Annotated (Montana Legislature)
  13. New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
  14. New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
  15. New Hampshire: RSA 540-A:1, 540-A:3, 540-A:4, New Hampshire Revised Statutes (General Court of New Hampshire)
  16. New York: N.Y. Real Prop. Law § 226-b, New York Consolidated Laws (New York State Senate)
  17. Oklahoma: 41 O.S. §§ 10, 11, Oklahoma Statutes (Oklahoma State Courts Network)
  18. South Carolina: S.C. Code § 27-35-60, South Carolina Code of Laws (South Carolina Legislature)
  19. Texas: Tex. Prop. Code § 91.005, Texas Statutes (Texas Legislature)
  20. Vermont: 9 V.S.A. § 4456b, Vermont Statutes (Vermont General Assembly)
  21. Virginia: Va. Code § 55.1-1204, Code of Virginia (Virginia General Assembly)
  22. 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.

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