Subletting laws: state by state
If your state is not listed below, it is because subletting is not addressed in state laws. If you live in one of these states, your lease determines if it's legal to sublet. Always get written approval from your landlord before subletting.
Alaska - Tenants cannot sublet without their landlord's written consent, unless otherwise stated in the lease.
California - If your lease does not restrict subletting, it is safe to assume you can sublet. You cannot sublet if it is restricted by your lease; however, your landlord can allow you to sublet via written approval.
San Francisco, Oakland and Berkeley passed laws to protect renters in roommate/subletting situations. If you live in one of these cities, your landlord can neither deny you the right nor evict you for replacing a roommate or subletting a room without their consent.
Delaware - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Georgia - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Hawaii - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Idaho - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Illinois - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Iowa - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Kansas - Tenants cannot sublet without their landlord's consent. The law doesn't say how long landlords have to respond to sublet requests or on what grounds they can deny a request.
Louisiana - Tenants can sublet as long as the lease does not prohibit it. The Louisiana Revised Statute states that tenants must transfer their original security deposit to their sublessee. Once the sublessee ends their sublease, they're responsible for returning the security deposit back to the original tenant.
Maine - Tenants can sublet even if their lease prohibits it. If a landlord wants to prohibit subletting, Maine Revised Statute states that they must make that clear in the lease, but it can't stop a tenant from subletting, nor does it make the sublet ineffective. Landlords who aren't in favor of the subletting situation can only do one of two things: hold the tenant accountable for damages created by the sublessee, or take the tenant to court.
Maryland - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Michigan - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Minnesota - Tenants can sublet as long as the lease does not prohibit it. The law does not require your landlord's approval to sublet, however, we recommend that you notify your landlord in writing.
Montana - It is legal to sublet in Montana, however, tenants cannot sublet without their landlord's consent.
Nevada - Your lease determines whether you can sublet. Tenants who sublet when their lease prohibits it are guilty of unlawful detainer and subject to eviction.
New Jersey - Tenants can sublet their apartment as long as the lease does not prohibit it. The law is not clear on whether tenants need approval from their landlord first.
New York - New York Real Property Law states tenants have the right to sublease with their landlord's written consent. To get consent, tenants must submit a request for approval. For more detail on your legal right to have a roommate, check out our guide here.
You must formally contact them at least 30 days prior to the proposed subletting, and the request must contain the following:
- The length of the sublet
- The prospective sublessee's name and address
- Their reason for subletting
- Their current address or the address of the apartment/home that will be sublet
- Written consent of cotenants, if any
- A copy of the sublease agreement
The landlord can only refuse your proposal within reason. For example, if the proposed tenant has a poor credit history or is unemployed. If you proceed with a sublet after it has been reasonably rejected by the landlord, you may face eviction. However, if the landlord refuses for unreasonable circumstances (e.g. a tenant's race, ethnicity, religion, etc.) or if the landlord doesn't provide a reason altogether, you can still proceed with the sublet.
Oregon - Tenants cannot sublet if the lease prohibits it. Tenants who want to sublet for more than three days need to have a written agreement between them, the sublessee and the landlord. The subleasing agreement needs to include a clause requiring the sublessee to pay rent directly to the landlord and a clause giving the sublessee the same rights.
South Carolina - Tenants cannot sublet without their landlord's consent.
South Dakota - Tenants cannot sublet without their landlord's consent.
Texas - Tenants cannot sublet without their landlord's consent.
Virginia - The law gives landlords 10 business days, starting from the day they receive the request, to approve or deny a sublet approval request. By law, tenants can assume consent is given if their landlord has not responded within 10 business days.
If your state is not listed below, it is because subletting is not addressed in your state laws. If you live in one of these states, your lease determines if it is legal to sublet.
With all states, we recommend getting written approval from your landlord before subletting to avoid any negative repercussions.
Disclaimer - This information is for general informational purposes only and should not be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you require legal advice.
Published August 2026.