Subletting Clause

What This Clause Does

A subletting clause controls your ability to let someone else use your rental space, either for the full remaining term or temporarily while you travel. Most leases require landlord consent before subletting, and many prohibit it entirely or charge a fee.

Short-term rental platforms (like Airbnb) have made subletting clauses more significant. If you plan to list your unit on a platform, check whether the lease prohibits it explicitly — violations can be grounds for eviction. Some cities also have local laws that override lease restrictions on subletting.

What This Looks Like in a Contract

"Tenant shall not sublet the Premises or any portion thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Any permitted sublease shall not relieve Tenant of its obligations hereunder."

Red Flags to Watch For

• Subletting prohibited entirely with no consent mechanism
• Consent required but no standard for when it can be withheld ('sole discretion')
• Short-term rentals explicitly prohibited, limiting Airbnb and similar platforms
• You remain fully liable under the original lease even if the subletting is approved

Negotiation Strategies