Can I Sublease My Apartment?

If the lease has no language preventing you from assigning or subleasing, you might try to find someone else to take your place. This person will pay rent to you, and you will pay it to the landlord. If this person fails to pay you, you still owe the rent to the landlord – unless the landlord has accepted this new person as a replacement for you. So ask the landlord to accept this person as your replacement. You will have to show the landlord that the new person is just as good a tenant as you are (e.g., has a job and a good credit rating).

Sometimes your agreement will allow the tenant to assign or sublease, but only with the landlord’s consent. If you present a potential assignee or sublessee to the landlord who is a good tenant, the landlord might be breaching the lease if he unreasonably withholds his consent. This might constitute a “constructive eviction” that allows you to terminate it.

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