Subletting is when a person who has their name on a lease with the landlord rents (or sublets) their room or apartment to another person. The original tenant remains on the lease with the landlord and continues to be responsible for all lease provisions and for the actions of her/his subletter till the end of the agreement. The sublet agreement is separate from the lease between the primary tenants and landlord. The most important consideration for the person who wants to sublet out their room is: Does your lease (and landlord) permit your to sublet? Most leases reviewed by our office state: "No subletting without the written consent of the landlord." Get written permission first before trying to sublet your place!

At Rutgers, sublets are most popular in the summer. These units are often available for 1 to 3 months. However, sublets can be for longer periods, up to the full term of the lease.

Both the original tenant and the subletter have to recognize that the sublet agreement is just as legally binding as any lease is. The original tenant is in the same position as a landlord or owner and suffers the same losses when subletters fail to pay rent or damage property. Depending on how your agreement is designed, the tenant may be the party contacted when there are maintenance or repair problems. The main tenant should never make a subletting agreement that goes beyond the tenant's own lease term (and right to possession of the premises). Failure to follow the terms of the sublease may result in a subletter vacating the premises, refusing to pay rent, contacting the landlord, or calling the housing inspectors.

Likewise the subletter is responsible to the tenant (as to a landlord) for complete performance of the sublease. Such things as full and timely payment of rent and security deposit, abiding by the terms of the sublease, and reporting (in writing) any maintenance/repair problems are generally requirements of subletters. Failure to meet these expectations can jeopardize your security deposit or even result in eviction.