Subleases, Subtenants and Roomers

A sublease is an agreement in which the original tenant leases to a subtenant all or part of the rented premises for all or part of the remainder of the original tenant's term.

Subleases

A sublease exists where the tenant leases all or part of the premises to another person for a period less than their lease term.

Unless the lease specifically addresses the topic, the tenant can sublet the premises without the landlord's permission.

• However, the landlord may impose restrictions on the right to sublet the premises if the restrictions are explicitly stated in the lease agreement. For example, the lease can include language that the tenant may not sublease the premises without the landlord's written consent.
• Subletting restrictions may be considered waived if the landlord allows the sublease or doesn’t say anything about it. For example, a lease may require the landlord's written consent. However, this is not violated where the tenant sublets the premises with the landlord's knowledge and consent.
• If the lease provides that the tenant must obtain the landlord's consent to sublease, then the landlord may not unreasonably withhold consent. Reasonable objections might include concern about subtenant's ability to pay the rent or concern about the subtenant's intention to use the premises for unsuitable purposes.

In any sublease, the original tenant is still responsible for complying with the lease with the landlord, and the subtenant must comply with the terms of the sublease with the tenant. The relationship between the subtenant and the landlord depends upon the terms of the sublease, but a subtenant is responsible for knowing and, in most cases, complying with the provisions of the original lease

Roomers

A “roomer” is an individual to whom a household furnishes lodging, but not meals, in exchange for compensation. A relative who is 60 or older or disabled may also be considered a roomer.

Generally, a roomer is not in a landlord-tenant relationship with the person renting out the room. This means the roomer does not have the right to exclusive possession of the room, and the proprietor retains general dominion or control over the premises.

Local laws and zoning codes may provide additional protections and/or regulations regarding roomers and rooming houses. Learn more about local housing laws.