Subletting and Assignment

Subletting and assignment are methods by which tenants can transfer their rights and obligations under a lease to another party. Subletting occurs when the original tenant rents out all or part of the rental unit to a third party (subtenant) for a portion of the lease term, while retaining the primary lease with the landlord. Assignment occurs when the original tenant transfers the entire lease to a third party (assignee), who assumes all of the rights and responsibilities of the tenancy. Lease agreements and state laws may restrict or regulate subletting and assignment, such as requiring the landlord’s consent or specifying the conditions under which these arrangements are permitted. Tenants who sublet or assign their lease remain ultimately responsible for the rental payments and any damages caused by the subtenant or assignee.