StrategyLast updated: July 16, 2026

Sublease

Also known as:sublettingsublet

A sublease (or sublet) occurs when a tenant who holds a lease grants another party the right to occupy the property, or a portion of it, in exchange for rent. The original tenant remains legally responsible to the landlord under the primary lease, effectively acting as a landlord to the subtenant. Most leases require the landlord's written consent before subletting, and unauthorized subleasing is a common cause of eviction. Subleasing underpins rental arbitrage and is the mechanism through which Airbnb-friendly apartments and master leases allow operators to re-rent space. Terms such as duration, rent, and permitted use of the sublease typically cannot exceed the rights granted in the original lease.

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Why this matters for property managers

This arrangement lets an operator generate rental income from a property they do not own, but it hinges entirely on the original lease permitting it, since subletting without consent is grounds for eviction and can void any protection. The tenant remains liable to the landlord for rent and damage even when the subtenant defaults, concentrating financial risk on the party in the middle. Operators who build on this model need explicit written permission and a clear understanding of that liability, because a single clause in the master lease can dismantle the entire business.


Frequently Asked Questions

Can I sublet my apartment on Airbnb without telling my landlord?

In most cases no; subletting almost always requires the landlord's written consent, and doing so without permission can trigger eviction. Check your lease and local law, and get approval in writing first.

Who is responsible if the subtenant damages the property?

The original tenant remains liable to the landlord under the primary lease, so you would answer for damage caused by your subtenant. A separate sublease agreement and a deposit from the subtenant help you recover those costs.

What is the difference between a sublease and a master lease?

A sublease is granted by a tenant on an existing lease, usually for part of the term or space, whereas a master lease is a primary lease over a whole property specifically designed to allow re-renting. Master leases build the right to sublet into the original agreement.

Does the original tenant keep the security deposit from a subtenant?

The subtenant's deposit is typically held by the original tenant to cover damage or unpaid rent, separate from the deposit the tenant owes the landlord. Local tenancy laws may set rules on handling and returning it, so confirm the requirements.

Related Terms


Related Guides

  • LeasesCompare master lease, corporate lease, and consent addendum structures for rental arbitrage, plus the lease clauses that decide the deal.
  • LegalityRental arbitrage is legal in many places, but your lease, city short-term rental rules, and building bylaws decide. See how to check before you sign.


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