Lease Assignment Versus Sublease: Transferring Your Rental to Someone Else

When you need to leave a rental early, you may be able to hand it to someone else. An assignment transfers your whole lease, while a sublease rents the space for part of the term.

The difference

• Assignment: the new tenant takes over the lease for the rest of the term.
• Sublease: you remain the tenant and rent to a subtenant, often for a shorter period.
• In either case, the original tenant may remain responsible to the landlord.

Landlord consent

Many leases require the landlord's written consent, and some ban both. Some states limit when a landlord can refuse. Always check the lease and ask in writing. See our guide to subleasing.

Steps

1. Read the lease clause on assignment and subletting.
2. Find a qualified replacement.
3. Ask the landlord for written approval.
4. Use a written assignment or sublease agreement.
5. Document the unit condition and deposit handling.

Risks

• You may still owe rent if the new tenant stops paying.
• Unauthorized transfers can breach the lease.
• Deposits and damage need clear terms.

How the two arrangements differ in practice

In an assignment, the tenant transfers the entire remaining term and all rights under the lease to a new tenant, called the assignee. The assignee deals with the landlord directly and pays the landlord. In a sublease, the original tenant keeps the lease and rents the premises, or part of them, to a subtenant for some or all of the remaining term. The subtenant pays the original tenant, who continues to pay the landlord.

These labels matter because they determine who can sue whom. With an assignment, the landlord may have a direct claim against the assignee, and the original tenant may remain secondarily liable unless released. With a sublease, the landlord usually has no direct contract with the subtenant, so the original tenant remains responsible for everything.

Getting the landlord's consent

• Read the lease clause on assignment and subletting. Some forbid both, some require consent, and some allow them with notice.
• Make the request in writing, naming the proposed new occupant and including their application and references.
• Ask the landlord to respond in writing and to state whether the original tenant will be released.
• Some states or lease terms say a landlord may not unreasonably withhold consent, while others let the landlord refuse for any reason.
• If the landlord refuses, ask what would make the request acceptable, such as a larger deposit or a guarantor.

Documents to use

1. A written assignment or sublease agreement signed by both sides.
2. The landlord's written consent.
3. A copy of the original lease given to the new occupant.
4. A move-in condition checklist with photos.
5. A receipt for any deposit and first rent payment.

Protecting the original tenant

If you remain liable, screen carefully and consider requiring a deposit and renters insurance. Ask the new occupant to give you proof of insurance. Keep paying the landlord on time even if the new occupant is late, because your own rental history and liability are at stake. Check whether a release from the landlord is possible. A release, often called a novation, ends your liability and is the strongest protection for you.

Short-term subletting

Subletting a room for a few weeks through an online platform can breach the lease and local law even when long-term subletting is allowed. Check both before listing. See our guide to short-term rental laws.

Frequently asked questions