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Can you legally sublet your apartment?

When you lease an apartment, you do so for a specified amount of time, usually a year. But what happens if circumstances arise that make it necessary for you to move out ahead of time? For instance, you may receive a promotion that requires you to relocate. Or your family may experience a health crisis that requires you to move back home. Given that you are responsible for your apartment until the end of the lease period, can you sublet it? advises that Maryland law does not address subletting. Consequently, you face no legal prohibitions. On the other hand, your lease agreement may well address this issue. Therefore, carefully review your lease to determine which of the following applies:

  • It allows subletting, in which case you can proceed.
  • It does not mention subletting, in which case you can proceed.
  • It allows subletting, but only with your landlord’s written permission, in which case you must get that consent before proceeding.
  • It prohibits subletting, in which case you have two options: continue living there or break your lease and suffer the consequences.

Subleasing process counsels that obtaining your landlord’s permission to sublease is always a good idea, even if your lease agreement does not require it. This not only notifies him or her of the upcoming change of tenants, but also helps ensure that the two of you do not wind up in a future dispute.

When you begin searching for a sublessee, protect yourself by doing the following:

  • Interview each applicant personally.
  • Verify their employment and ability to pay rent and applicable utilities..
  • Ask them about their rental history.
  • Fully advise them of all rules applicable to the apartment complex.
  • Ask for a reasonable security deposit.
  • If possible, run a background check on them.

Finding the right sublessee will make your life easier and give you peace of mind.