What You Need to Know About Subletting

Subletting can offer flexibility for tenants who need to move temporarily and stability for landlords who want to avoid vacancies. However, understanding subletting rules and regulations is essential to avoid legal or financial problems. 



This guide explains what you need to know about subletting safely and legally in Pennsylvania, whether you're a renter considering a short-term move or a property owner determining how to handle subleasing requests. 

What Is Subletting?

Subletting allows a tenant to rent out all or part of their rental unit to another occupant, known as a subtenant. This arrangement must always have landlord approval and be documented through a written sublease agreement. 

You may also hear the terms 'sublease' vs. ‘sublet’. They refer to the same thing and are often used interchangeably. However, there is a difference between a sublease and a lease. Since the original tenant signed the lease with the landlord, they remain responsible for rental payments and property condition throughout any sublease period. 



While subletting can be a great solution for temporary moves, both tenants and landlords must navigate it carefully to avoid legal and financial risks. 

What Is a Sublease Agreement?

A sublease agreement is a written contract between the current tenant (the sublandlord) and the subtenant (the subletter). It spells out the subtenant’s obligations and the rules they must follow during the sublet period. Like any lease, it should be detailed and specific.

Things to include in a written sublease agreement:

• Responsibilities: Clearly define what each party is responsible for during the sublet period, including rent payments, damages, and any behavior (or failure to act) that could lead to fees, penalties, or eviction.
• Term: State the exact sublease timeframe using specific start and end dates.
• Policies: Outline the rules the subtenant must follow, including maintenance procedures, utility responsibilities, and restrictions (e.g., pets, additional subletting, or running a business from the home).
• Prerequisites: Note any required security deposit and/or renter’s insurance, including deposit amounts, minimum coverage, and acceptable policy types.
• Master lease: Attach a copy of the original (master) lease. Unless the sublease states otherwise, the master lease terms should apply to the sublandlord and the subtenant.

Once you’ve written out a thorough agreement, have a lawyer or property management team review it to ensure you’re fully covered in any situation.

Is Subletting Legal in Pennsylvania?

There are no specific subletting laws in Pennsylvania, so the original lease agreement is the governing document. Most leases include a clause requiring landlord consent before subletting. Ignoring that clause or subletting without landlord permission can lead to serious illegal subletting consequences, including eviction, financial penalties, and legal disputes. 

To stay within the law, always review your lease, obtain written approval, and confirm that all subletting terms comply with your landlord's policy.

Pros and Cons of Subletting

When done correctly, subletting can be beneficial to both landlords and tenants. It provides flexibility for tenants who need to relocate temporarily for work, family-related reasons or unforeseen circumstances, while landlords continue receiving steady rental income and avoid long vacancy periods. 



However, it also carries certain drawbacks. There's the potential for property damage, unpaid rent or disputes if the subtenant fails to uphold their responsibilities. Clear communication, detailed documentation and formal landlord approval are essential to reduce the risks of subletting and keep the arrangement running smoothly for everyone involved. 

How to Sublet an Apartment

If you're a tenant considering a sublet, use this subletting checklist as a guide to help protect the rental property: 



1. Review your lease: Look for any subletting restrictions or approval requirements. 
2. Obtain written permission: Always request formal consent from the landlord before listing or subleasing.
3. Screen your subtenant: Since you remain responsible for rent and damages, be sure to conduct a thorough subtenant background check.
4. Create a formal contract: Use a sublease agreement template to outline terms, rent and responsibilities. Collect a security deposit for subletting to safeguard against damages or unpaid rent. 

How Does Subletting Work for Landlords

Here's how landlords can handle subletting requests responsibly: 



• Establishing a clear policy: Include a clear landlord subletting policy in your lease agreements, outlining when and how subletting may occur.
• Enforcing the lease: You retain the right to approve or deny applicants and can enforce a no-subletting clause if one exists.
• Screening a subtenant: You also retain the right to screen any potential subtenant just as you would an original applicant.

Simplify Your Rental Management

For expert guidance on subletting, partner with American Heritage Property Management, a trusted leader in property management for rentals in Pennsylvania. AHPM helps landlords create compliant subletting policies, screen tenants, and oversee leases with professionalism and care. 

Contact us to learn more about our property management services and how we can help protect your investment and handle tenant relations.