Subletting and Assignment Clauses in Your Lease
What subletting and assignment mean—and when the lease allows or bans them.
Your lease may say something about subletting (you let someone else live there and they pay you) or assignment (you transfer the whole lease to someone else). If you don't read carefully, you might assume you can sublet or assign when you need to—but many leases ban or restrict both, or require the landlord's consent. Here's what subletting and assignment clauses usually mean and what to check.
Subletting vs assignment
- Subletting. You stay on the lease but let someone else (the subtenant) live in the property—usually for part of the term (e.g. you're away for 3 months). You're still responsible to the landlord; the subtenant pays you. The lease may say "no subletting" or "subletting only with landlord's consent."
- Assignment. You transfer the whole lease to someone else (the assignee). They take over your rights and obligations; you're usually released. The lease may say "no assignment" or "assignment only with landlord's consent."
Why it matters
If you need to move early (e.g. job relocation, family), subletting or assignment can help you avoid paying rent for the rest of the term—or reduce the cost. But if the lease bans both, you're stuck: you either stay and pay, or you leave and may owe rent for the rest of the term (or a fee). So it's important to know what the lease allows before you sign.
What to look for
- Is subletting/assignment allowed? Does the lease say "no subletting" or "no assignment"? If so, you cannot do it without the landlord's agreement (and they may say no). If it says "only with landlord's consent," you must ask—and they may impose conditions or say no.
- Conditions. If consent is required, does the lease say the landlord must not unreasonably withhold consent? In some places the law implies that—in others it doesn't. Without it, the landlord can say no for any reason. Check your local law.
- Fees. Does the landlord charge a fee for consent (e.g. admin fee)? Get it in writing so you know the cost.
BeforeYouSign can highlight subletting and assignment language in your lease so you know what's allowed—and what to negotiate—before you sign.