If you need to move out before your rental agreement ends, you may be able to sublet or sublease your apartment. Subletting will allow a new renter to move in and take over responsibility for the property, but you will still be held responsible for the property if you decide to sublease instead.

There are numerous reasons someone may want to leave before the end of their lease, but there must be consent from both parties on the rental agreement regardless of the termination reason.

It is important to know the difference between a sublet and a sublease so you can decide which is the best option for you, your situation, and your

renters insurance

. Fortunately, the licensed insurance broker and comparison app

Jerry

has everything you need to decide if subletting or subleasing is right for you.

Sublet vs sublease

Subletting and subleasing are both viable options for rental properties when a tenant needs to leave before a lease is up. They have similar results, but they handle the issue differently.

Subletting

A subletting arrangement allows a new renter to take over the lease from the former tenant. They have a separate leasing agreement with the landlord, and they will pay rent directly to the landlord.

Subletting is also called reletting. When the landlord relets the property to a new tenant, the original renter’s lease can be voided. The original renter is allowed to move out of the property and will not be responsible for paying the rent or covering any damages.

Subleasing

For a subleasing agreement, the original renter is still on the lease and they rent out the property to another tenant. The original renter can lease out all or part of the space to the new renter while they still have their own lease with the landlord.

In these arrangements, the new renter typically pays the original tenant rent. The original tenant then pays rent to the landlord. The original tenant also will still be responsible for any damages to the property.

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Which agreement should I choose for my apartment or home?

There are a few things you will need to think about before deciding to sublet or sublease your space. First, you will need to check what your landlord will allow. You should also take a look at your renters insurance policy because it may have specific conditions about subletting or subleasing.

Here are some considerations to help your decision-making:

Sublet if you need to move. Subletting is a good option if you need to leave a property before the end of your lease because you will not be held responsible after you move out.

Sublease your space to a roommate. If you have enough room, subleasing to a roommate is a good option. Your landlord may allow you to keep the original lease agreement and have you manage liability and rent from your new roommate.

Can’t sublet? Sublease instead. Sometimes landlords won’t allow subletting and will require you to stay on the lease. If this is the case, you can find someone to rent out your space, pay you rent, and then you will pay your landlord to fulfill the original agreement.

Who are the parties that will be involved?

In subletting or subleasing agreements, there are three main parties involved.

The landlord, or lessor, owns the property and made the original lease agreement with the tenant. The tenant then pays the rent every month.

The tenant, also known as a lessee, is the original tenant renting the landlord’s property. In regards to the subtenant, this party is the sublessor.

The subtenant is the new tenant who rents the landlord’s property from the original tenant.

MORE:

Do I need renters insurance as a subtenant?

How to sublet a rental

Once your landlord agrees to sublet, you have two steps to follow.

First, find a new renter to take over your lease. Some landlords will allow you to leave if they can find a new renter within a certain time period, but others will have you do the work to find someone to take over the lease.

Second, you will need to understand you are likely responsible for paying rent until your landlord can find new renters or through the end of your lease.

How to sublease a rental

If you are going to sublease your space, follow these steps:

Inform your landlord, in writing, that you are going to sublease the property

Search for subleasers and work on your own rental agreement

Keep a legal agreement including sublease term, rules, rent information, and legal terms associated with renting

Screen your sublease applicants via background and credit checks

Check applicants’ references to see what they are like as tenants

How to save money on your renters insurance

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FAQs

Is it better to sublet or sublease?

In most situations, it is more beneficial for the original tenant to sublet because they are no longer responsible for the property once they move out. The new tenant will become responsible under their agreement with the landlord.

Who is liable for any damages for a sublet?

The new tenant will be responsible for damages to the rented property. Since they have a new, separate agreement with the landlord, the first tenant will not be held responsible for damages.

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