Subletting and Assignment Laws

Subletting and assignment laws govern the rights and responsibilities of tenants who want to transfer their lease to another person. Subletting occurs when the original tenant rents out the rental unit to a third party (subtenant) for a portion of the lease term, while assignment occurs when the original tenant transfers the entire lease to a third party (assignee). State laws and lease agreements may restrict or prohibit subletting and assignment, or require the landlord’s consent. Tenants who sublet or assign their lease remain liable for rent and damages under the original lease agreement, unless the landlord agrees to release them. Landlords cannot unreasonably withhold consent to a sublease or assignment, but may charge a reasonable fee or require the subtenant or assignee to meet the same screening criteria as other tenants.